Experienced Lawyer for Employers, Physicians & Senior Management
Attorney Cary Schwimmer helps businesses, physicians and executives put employment issues into perspective by taking on and resolving difficult questions and disputes and assisting senior personnel in compliance with local, state and federal regulations.
Practice Areas
- Employment Litigation and Appeals– Employment lawyer Cary Schwimmer has decades of experience handling employment litigation in all phases of trials and appeals in state and federal courts in Tennessee and across the country. We strive to protect your rights, promote your interests, and resolve your matter as efficiently as possible, always with your ultimate goals foremost in mind.
- Physician and Executive Employment and Separation Agreements– Whether you are a company owner or HR professional bringing in or having to let go of a high-level executive, or if you yourself are a physician, executive, professional or senior manager coming on board or planning your exit, attorney Cary Schwimmer can advise you, negotiate on your behalf, and draw up or review an appropriate employment or separation agreement that protects your rights and meets your needs.
- EEO Litigation and Charges– Equal Employment Opportunity laws include all categories of employment discrimination under Title VII, as well as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), section 1983 civil rights violations, and much more. We represent you at all stages of an EEOC investigation or enforcement action, including mediation and settlement or representation in federal court.
- Plant Closings and Relocations– With decades of experience advising businesses of all sizes, we provide practical advice and walk you through all the legal issues implicated in your plant closing or relocation, including federal WARN and state mini-WARN requirements and the application of any collective bargaining agreements or other obligations toward employees.
- Workforce Reductions– From temporary layoffs to reductions in force that trigger the WARN Act, we keep you in compliance with the law with sensitivity to common claims and lawsuits that may typically be filed in conjunction with a workforce reduction, including age discrimination claims and seniority clauses in collective bargaining agreements or employment contracts.
- NLRB Charges and Litigation– Whether represented by a union or not, your employees may have rights protected under the National Labor Relations Act. We are at your side during investigations of unfair labor practice charges or allegations of interference with employee rights under section 7 or section 8. Our experienced employment law litigator can also represent you before the Board or in court as necessary.
- Arbitrations and Mediations– Cary Schwimmer is authorized to mediate civil disputes pending before federal and state courts and has decades of experience settling employment cases through mediation and arbitration across the country. Save time and money, and get a positive outcome you are satisfied with, by exploring alternatives to litigation.
- Non-Compete Litigation and Advice– Covenants not to compete are legal in most jurisdictions, although commonly disfavored by the courts. Agreements must be reasonable in time, geography and restriction of activity if they are to be enforceable. Let us draft a non-compete that meets your needs, or represent you in litigation over the validity of an agreement.
- Compliance with Federal and State Employment Laws– Employment laws are changed and added every year, particularly at the state level. Keep current and in compliance with our help. We review and update workplace policies and practices as needed, and can provide individual or group training to key management personnel.
- Workplace Harassment Investigations– Key to defending a company against harassment claims is having a policy in place that is properly implemented. This includes conducting an investigation when a complaint is filed, coming to a conclusion and communicating the results as appropriate. We assist in all phases of investigation, including drafting or reviewing your policy and advising on confidentiality and other important issues that may arise.
- Due Diligence on Outstanding Employment Issues– We work to keep you in compliance with the law and on a firm footing to prevent matters of potential litigation from arising, or to keep employment practices from creating unsustainable unfunded liabilities. Getting a legal audit from your employment lawyer can help keep you out of trouble and give you peace of mind.
- Advice and Strategies for Staying Union-Free– Contrary to popular belief, it is legal to hold employee meetings regarding the benefits of staying union-free, but there are of course certain rules which must be followed. This area of law is full of pitfalls and traps for the unwary. Before you act, contact the Law Offices of Cary Schwimmer for sound, practical legal advice on your options.
- Strikes, Injunctions, and Concerted Activity– Employee protections for engaging in concerted activity are broad, and missteps in this regard can expose the company to liability. There are proper ways to respond to real or threatened strikes, slowdowns and work stoppages. Let us advise you on your options and move forward to a period of labor peace and productivity.
- Collective Bargaining Negotiations– Cary Schwimmer can represent you in bargaining with employee unions on wages, hours, fringe benefits and other terms and conditions of employment, helping to foster improved employer-employee relations while protecting important managerial rights.
- Labor contract Administration, Interpretation and Advice– Proper interpretation and implementation of a labor contract is important to avoid grievances that cost the company in terms of time, money and bargaining strength. We provide incisive advice when issues arise and can assist in drafting responses to grievances backed by sound reasoning and legal support.
- Wage and Hour Advice, Strategy and Litigation– Minimum wage laws and overtime exemptions can be quite complicated from state to state, and constant change at the federal regulatory level leaves employers in a continuous state of uncertainty or confusion. We help you understand the law to get wage and hour matters right from the start, and can intervene to provide strong, effective representation when formal disputes arise.
- Training on Employment Issues– Having the right policies in place is essential, but it means nothing if your managerial staff are not trained on how to implement them. Employment attorney Cary Schwimmer provides small and large-group training on sexual harassment investigations, disability accommodations and the interactive process, responses to family leave requests, and any other issues that may be present in your workplace.
- Policies and Handbooks– Policies and handbooks can be effective tools for enhancing workplace productivity, setting out clear guidelines for expected behavior, and maintaining compliance with state and federal workplace laws. They can also inadvertently create rights to continued employment that didn’t previously exist under state law, and that you didn’t intend. Careful, thorough preparation by an experienced employment lawyer is necessary to make sure policies and handbooks accomplish their intended purpose and nothing more.
