Overview
At Morris James, our employment law practice provides clients with in-depth employment counsel in all areas, including labor negotiations, risk management, preventative counseling and on-site training, and litigation. The complex field of employment law encompasses many legal issues within the workplace. Our attorneys help you navigate these issues all while ensuring that your business is provided comprehensive representation in order to resolve disputes successfully and in a cost-efficient way.
Leaders In Employment Arbitration
Chambers USA cites the practice’s "strong reputation,” and reports that clients praise “the consistent quality of its work, which covers a range of employment litigation and labor negotiations." In addition to Chambers USA, partners in Morris James’ Employment Law Practice have been recognized for excellence in numerous forums, including Best Lawyers and Delaware Today.
Our attorneys represent employers in all aspects of the management-workforce relationship, including labor negotiations, risk management, preventative counseling and on-site training, and litigation.
Collective Bargaining Agreements
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.
Employer Defense
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.
Employment Matters
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.
State and Federal Representation
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.
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News
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Resources
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Publications
- February 9, 2021
- March 31, 2020
- March 31, 2020
- June 5, 2019
- September 12, 2018
- July 24, 2018
- May 3, 2018
- February 2015