Experienced Labor & Employment Attorneys

Labor and employment laws have changed drastically over the past century. At Hunter, Smith & Davis, LLP, our firm has provided guidance for employers in the Tri-Cities area for over a century. Our predecessors began advising clients on labor and employment matters before the passage of the National Labor Relations Act in 1935, and our team has continued to do so ever since.

With convenient offices in Kingsport and Johnson City, we are proud to offer across-the-board labor and employment law services for private and public sector clients of all sizes. We represent employers throughout eastern Tennessee and surrounding areas, addressing issues such as:

Employment Litigation And Administrative Claims

Despite their best efforts at prevention, many employers will face employment litigation in the courtroom or charges before an administrative agency. We represent employers before the following agencies and others:

• Equal Employment Opportunity Commission (EEOC)
• National Labor Relations Board (NLRB)
• Occupational Safety & Health Administration (OSHA)
• Office of Federal Contract Compliance Programs (OFCCP)
• Tennessee Human Rights Commission
• U.S. Department of Labor
• U.S. Office for Civil Rights

Since the administrative step can be a prelude to litigation, attorney involvement – either as your known representative or for legal support behind the scenes – is highly advised.

Management-Oriented Guidance

Our employment attorneys have seen every kind of problem an employee can face, and that experience is woven into the fabric of our services. We leverage that knowledge to shield employers and managers from liability. From the creation of personalized employment handbooks and policies to on-site training for managers and employees, we deliver the type of high-end guidance you need to run your business effectively.

Labor And Employment Training Programs

Our team works closely with employers to train managers and supervisors on a full range of legal requirements, from hiring to performance management. We also provide proactive services to avoid claims of discrimination, harassment, wrongful termination and other serious allegations of wrongdoing. To that end, we can help you create and implement a comprehensive training program that is tailored to your unique business.

Labor Relations And Union Avoidance

Most workforces in America are not organized. Most employers are not required to negotiate with a union over their employees’ wages, benefits, and working conditions. Many employers can attribute their union-free status to programs that emphasize prevention and to the development of sound employee relations strategies.

Whether your workplace is union-free and you want to stay that way, or your employees are represented by a union and you are looking for experienced lawyers to protect your interests zealously and within the bounds of the law, we stand ready to help.

Workers’ Compensation And Workplace Safety

Work accidents and injuries are a nightmare for everyone involved. Whether a workplace incident involves an injury to a valued employee or a potential issue with the Occupational Safety and Health Administration (OSHA), our team can assist in all phases of an employer’s response. We have extensive experience helping Tennessee and Virginia employers reduce workers’ compensation and OSHA exposures, from the posting of a citation or order for benefits to the judicial review of an administrative decision.

We can also assist in resolving the confusing interplay between workers’ compensation, the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

Employment-Based Immigration

Immigration law can be a complex challenge for many employers. We house one of the only immigration law practices dedicated to employment-based issues in northeast Tennessee. Our team helps companies maintain compliance with rapidly evolving immigration policies and regulations, including proper Form I-9 completion and retention policies.

We also assist businesses in securing lawful immigration benefits on behalf of highly skilled and talented international employees, with an emphasis on the recruitment of physicians, health care workers, and multinational managers and executives. These benefits include H-1B visas, L visas, TN visas, J-1 visa waivers for physicians, visas for persons of extraordinary ability and lawful permanent residence (green cards).

Successes In The Employment Law Field

Below are examples of our many successes in this area:

• When a client’s HR director commenced a romantic relationship with one of his subordinates, it made the subordinate’s peers uncomfortable. We advised upper management on how to approach the situation within their own policy guidelines. When the director rejected a reasonable severance package, we obtained a rarely-granted summary judgment in Tennessee State Court in favor of the employer.
• Successful defense of a federal court lawsuit filed by a former employee alleging that her dismissal violated the FMLA and constituted sex discrimination
• Successful representation of a client’s Affirmative Action Program before the OFCCP, resulting in approval of the plan without modification to the client’s program
• Successful representation of a college before the Office for Civil Rights regarding alleged failure to accommodate claim lodged by a current student.  The OCR concluded its investigation by requesting optional adjustments to the campus and curricula, with the only mandatory adjustment being the erection of signage noting the availability for handicapped parking
• Successful defense and litigation strategies for client in race and age discrimination federal lawsuit
• Successful defense of client in a charge of discrimination brought under the Americans With Disabilities Act resulting in a no-cause finding

Representation For Employees

We represent employees encountering a wide range of problems in their workplace, whether discrimination, sexual harassment, whistleblowing or other legal concerns. Our team’s experience representing employers is valuable on the other side of the table as well. We understand how to negotiate favorable outcomes and, when warranted, advance employees’ claims through administrative claims and litigation.

Get In Touch With Our Employment Law Team

Here, you will find comprehensive guidance on all aspects of employment law and litigation from an award-winning legal team. Call 423-397-7471 or send us an email to start protecting your interests as an employer or employee.