EMPLOYMENT PRACTICES LIABILITY

Now that employment practices liability insurance is becoming more prevalent, insurers may be faced with the dilemma that their approved outside counsel for traditional general casualty work lack the expertise to represent their insureds in employment matters. Brinker & Doyen, L.L.P., offers the best of both worlds. We offer the efficiency and cost effectiveness of a defense firm with experience in employment matters. The firm has handled claims and lawsuits dealing with a wide variety of issues arising out of employment disputes. These cases include matters for employment discrimination based on Title VII of the Civil Rights Act of 1964, the Missouri

Historic Old Courthouse - City of Saint Louis. Part of the Jefferson National Expansion Memorial.

Human Rights Act, Americans with Disabilities Act, and National Labor Relations Act among others.

The United States Court of Appeals for the Eighth Circuit recently has been remitting punitive damage awards in employment cases. For this reason, we believe the plaintiff's bar will be looking to state remedies including common law tort claims such as assault, battery, intentional infliction of emotional distress, and negligent infliction of emotional distress for remedies in labor cases. Our firm offers years of experience in defending these types of torts.

One of the keys to a successful conclusion of an employment case is an early, prompt, and thorough investigation. Unlike a casualty claim, such as one arising from an automobile accident, labor matters rarely involve one fixed event with physical evidence. Instead, there frequently is a long history of employment, sometimes undocumented, with numerous witnesses whose memories may fade over time or who may simply become unavailable. We recommend that the attorney handling the employment case conduct the investigation to gain a better understanding as to the background of the dispute and the knowledge of the significant witnesses.

There can be several unique opportunities for investigation before a lawsuit actually is filed. For example, appeals in unemployment claims in Missouri are recorded with testimony under oath before an umpire. These hearings can provide an excellent opportunity to learn about the claim before the plaintiff's story becomes exaggerated, and sometimes prior to the claimant being represented. The local office of the Equal Employment Opportunity Commission has an early mediation program which can be helpful in assessing matters that should be resolved without the expense of trial.

Our managing partner, Gary Paul, has handled employment cases for years. He previously served as an attorney for the National Labor Relations Board. He has taught labor relations and currently teaches business law including employment law as adjunct professor at Webster University in St. Louis. He also has lectured on the Americans with Disabilities Act, Family and Medical Leave Act, and insurance coverage issues with claims arising under Title VII of the Civil Rights Act of 1964 and the Missouri Human Rights Act. His associate Karen Speiser previously served as an assistant attorney general for the State of Missouri. As part of her duties, she represented the State before the Missouri Human Rights Commission.