Employment Law

We have particular strength in matters related to collective bargaining agreements, including the negotiation, interpretation and application of these agreements, as well as in representing employer-clients in arbitration hearings.

Morris James defends employer interests in matters of alleged discrimination, retaliation, wrongful discharge, enforcement and defense of non-compete agreements, ERISA, wage and hour, and general employment matters, as well as defends constitutional claims, and other matters on behalf of public employers.

Labor Arbitrations
Numerous favorable outcomes in arbitrations involving the interpretation and application of collective bargaining agreements.

Martin Meltzer v. City of Wilmington
Successfully secured summary judgment from the Delaware Superior Court (affirmed by the Delaware Supreme Court) on many employment discrimination claims asserted against the City and two management employees.

Diamond State Financial Services v. Newton One Advisors
Successfully argued in a Court of Chancery injunctive relief case that a former employee and his new employer did not violate post-employment restrictions in a matter brought by the former employer.

City of Rehoboth Beach v. Glenn McCandless
Successfully obtained and collected a judgment against a former employee for embezzlement of the employer's resources for an amount in the six figures.

Tropical Nursing, Inc. v. Ingleside Homes, Inc.
Represented the defendant by successfully arguing a motion for summary judgment on behalf of client Ingleside Homes, which defeated the plaintiff’s claim to liquidated damages for a purported breach of contract to provide nursing staffing services.

NuFern Inc. v. Michael O’Connor
Working closely with out-of-state counsel in an injunctive action in the Court of Chancery, successfully proved that the plaintiff’s former employee did not breach the terms of his post-employment restrictions by working for another company in the high-tech defense laser industry.

P.J. Fitzpatrick, Inc. v. Joseph Bailey
Represented the employer by successfully arguing a Motion for a Temporary Restraining Order to enforce post-employment restrictions against a former employee in an injunctive action in the Court of Chancery.

L&W Insurance, Inc. v. Harrington
Represented Harrington in an action seeking to enforce a covenant not to compete. The Court denied the application for an injunction because Harrington established L&W Insurance, Inc. breached the agreement creating the covenant not to compete.

Kenneth Mitchell v. Wachovia, Inc.
Working closely with out of state counsel, successfully received an order granting case-dispositive summary judgment on behalf of client Wachovia in a case alleging racial and gender discrimination and retaliation.

Our attorneys routinely appear on behalf of clients before Delaware’s state and federal trial and appellate courts, the U.S. Equal Employment Opportunity Commission (EEOC), Public Employment Relations Board (PERB), the National Labor Relations Board (NLRB), the U.S. and Delaware Departments of Labor, and all other State and Federal administrative tribunals and hearing bodies.