Labor & Employment

Ater Wynne’s employment attorneys understand the challenges and risks facing employers today.  We work in partnership with our clients by learning and understanding their business and their goals. This allows us to be more thoughtful, responsive, and cost effective when providing employment advice.

 Employer education is a key part of our proactive approach to problem solving.  We work with our clients to develop best practices that serve the needs of the organization, comply with legal obligations, and minimize risks associated with litigation.   Ater Wynne clients and other HR professionals are invited to attend our  Employment Law Seminars, also known as Employment Roundtables, where our attorneys discuss current employment issues.

 Both start-ups and established companies benefit from Ater Wynne’s tailored approach to employment issues.  Ater Wynne helps employers protect themselves by preparing straightforward agreements that define the employment relationship, govern the protection and use of intellectual property, define terms of separation, and provide a mechanism for resolving disputes.  We help clients recognize and respond to employment issues before they turn into problems through policy development, communication, and early dispute resolution.  When disputes are unavoidable, our attorneys are aggressive advocates in mediation, arbitration, and litigation, including the defense of employee class actions, pursuing the approach that best serves our clients’ overall objectives.

 Ater Wynne’s employment experience runs deep in virtually all aspects of state and federal employment law, including:

• ADA/FMLA
• Affirmative action
• Compliance/policy review
• Employee benefits
• Employer training
• Federal contracting
• Harassment, discrimination, retaliation
• Mediation and arbitration
• Occupational safety and health
• Protection of intellectual property
• Union organizing
• Wage and hour
• Workplace investigations
• Wrongful termination

Representative Clients

• Alliance Packaging/SP Holdings, Inc.
• Consolidated Metco, Inc.
• Coquille Indian Tribe
• FLIR Systems, Inc.
• Hewlett-Packard
• Medical Society of Metropolitan Portland
• Northwest Pipe Company
• Oregon Health & Science University
• Planar Systems, Inc.
• Securitas Security Services USA, Inc.
• Skagit Radiology, Inc.
• Volunteers of America, Western Washington
• Western Washington Medical Group

Representative Cases

• Palmer v. DS Waters of America, Inc.: Obtained summary judgment for employer in defense of workers compensation retaliation claim.
• Sawyer v. Market America, Inc.: Obtained dismissal of wage and contract claims by former independent contractor; upheld by Oregon Supreme Court on petition for writ of mandamus.
• Anonymous v. Anonymous: Successfully defended entrepreneurs and their new company from claims arising out of the alleged misappropriation of trade secrets from the former employer of the new company’s founders. After more than 18 months of litigation, Ater Wynne negotiated a settlement which dismissed the litigation with prejudice and allowed the new company and its founders to continue pursuing their prospective product without limitation.
• Bailey v. Reynolds Metals Co.: Obtained dismissal of disability discrimination, wrongful termination, and intentional infliction of emotional distress claims.
• Barker v. Advanced Silicon Materials, L.L.C.: Obtained defense verdict at trial for employer in defense of claim for wrongful termination by former employee who filed a retaliation claim; obtained summary judgment, before trial, for employer in defense of a sexual discrimination claim by former employee; successfully obtained dismissal of both sex discrimination claim on summary judgment and of retaliatory discharge claim following bench trial.
• Chance v. Coquille Indian Tribe: Obtained dismissal of a contract action by a former employee against Coquille Economic Development Corporation based on sovereign immunity; upheld by State Supreme Court.
• Gilbert v. OHSU: Obtained verdict for employer on bench trial of sexual orientation discrimination and wrongful termination claims.
• Department of Corrections v. Magian: Obtained ruling for employer following trial of wrongful discharge claim by prison guard fired for having sex with inmate.
• eb5 Corporation v. Indwell: Obtained preliminary injunction against former employee for misappropriation of trade secrets.
• Haynes v. RuleSpace, Inc.: Obtained summary judgment for employer in defense of claim for unpaid commissions.
• Kane v. Decision Servcom, Inc.: Obtained summary judgment for employer and award of defense fees in defense of wrongful discharge and breach of implied contract claims.
• Kisor v. AT&T: Obtained jury verdict for employee on claim for unpaid commissions.
• Surrett v. MCI Worldcom: Obtained summary judgment for employer in defense of wage claim.