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Employment Law

 

Gjording Fouser’s employment attorneys serve as lead trial counsel, handle matters before the Idaho Human Rights Commission (IHRC) and the Equal Employment Opportunity Commission (EEOC), conduct workplace investigations, provide training to human resources professionals and other personnel, and consult on employment issues. 

Litigation

Gjording Fouser attorneys serve as lead trial counsel defending claims of wrongful termination, employment discrimination, sexual harassment, retaliation, disability accommodation, wage and hour violations, and unfair labor practices for businesses and governmental entities.   

Idaho Human Rights Commission (IHRC) & Equal Employment Opportunity Commission (EEOC)

Gjording Fouser attorneys have handled numerous complaints on behalf of our clients before the Idaho Human Rights Commission (IHRC) and the Equal Employment Opportunity Commission (EEOC).  As a result of our extensive experience, we are familiar with their processes, their staff and their investigators.

In addition to handling complaints before the IHRC, Bobbi Dominick has conducted internal respectful workplace trainings for the IHRC and the Idaho Department of Labor’s senior leadership team, which includes the IHRC’s administrator and their deputy attorney general. Bobbi has also been asked by clients to conduct customized internal trainings as a result of settlements the clients had with the IHRC.  Bobbi is one of the attorneys that the IHRC recommends companies hire to assist them with training issues.

Investigations

Our team has conducted more than 115 workplace investigations on behalf of employers in a variety of industries and workplace settings, including: automobile, education, health care, law enforcement, manufacturing, non-profit, public agencies, religious, restaurant, technology and utility.  Our investigations have included all types of workplace issues, including: harassment and discrimination complaints, workplace misconduct, theft and violence.

In some instances our clients prefer to conduct investigations in-house.  If this is the case, our attorneys can provide comprehensive training to those in-house investigators so they have the necessary tools to effectively conduct the investigation.  When a client perceives that the investigation may appear biased if conducted in-house, then they often seek our team’s assistance as independent unbiased investigators.  Since these investigations are conducted by our team of attorneys, they are covered by the attorney-client privilege.    

Bobbi Dominick wrote two nationally published books which address workplace investigations and she uses that information to train investigators on how to effectively conduct an internal investigation.

Training

Gjording Fouser provides training for our clients’ human resources professionals and other personnel.  Many human resources professionals perform duties that require a working knowledge of labor and employment law.  While this role does not require a law degree, it does require enough legal knowledge to know when to take action, what is permissible and not permissible, and when to call legal counsel.  We can also provide individual training for employees who have been accused of inappropriate behavior in the workplace and help them understand appropriate boundaries and appropriate workplace behavior. 

The trainings offered by Gjording Fouser attorneys are unique because they are tailored to the needs of the company.  Our trainings include: in-person training sessions, practical application of the material to situations arising in the workplace, take home activities that require the learner to work through problems involving the material, testing for retention and application, and online follow-up.  Below is a select list of trainings provided by Gjording Fouser: 

  • How to Properly Conduct Investigations of Internal Complaints of Harassment and Discrimination
  • An Ounce of Prevention: Proactively Avoiding Discrimination Claims
  • Family and Medical Leave Act (FMLA):  The Ins and Outs and Practical Application
  • Wage and Hour Law:  Taking the Mystery Out of Minimum Wage and Overtime Laws
  • What to Do?  Receiving and Processing Employee Complaints
  • It Covers More Than You Think!  The Americans with Disabilities Act (ADA)
  • The Ten Most Common Disabilities and How to Accommodate Them
  • Maintaining a Respectful Workplace
  • “You Can’t Control My Personal Beliefs:”  Employee Privacy in the Workplace
  • How to Properly Plan for and Document Employee Terminations
  • Consultation

    Gjording Fouser attorneys are available to consult on a variety of employment law issues, including:

  • Conduct an employment law audit – An audit allows employers to identify their vulnerabilities
  • Draft or review policies – Employment policies should be updated yearly to stay up-to-date with the latest federal and state law developments
  • Review performance evaluation processes – The review process will ensure unbiased decision-making
  • Advice on specific performance issues – Our attorneys will mentor managers on counseling discussions with employees, progressive discipline, etc.
  • Provide advice for employee termination – Our attorneys will walk through the steps with employers to provide guidance on effective termination practices
  • Advice on file retention policies – We will advise on what to keep and for how long
  • Expert Witness

    Our team can also assist other attorneys by providing expert witness services for trials in cases involving discrimination, harassment, retaliation and wrongful termination.  We can improve the effectiveness of a case – plaintiff or defense – by suggesting strategies, investigating and uncovering issues, and offering expert testimony on effective practices, investigation techniques or appropriate responses to workplace situations.  One of our attorneys, Bobbi Dominick, has the wide range of experience needed by an expert witness – attorney, human resources professional, university professor, and published author – along with the technical knowledge of both the law and its application to real life. 

     

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    Employment Law