EMPLOYMENT LAW
RESOLUTION SERVICES

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There is an ever-growing evolution to explore alternative measures to litigation and craft collaborative solutions to address workplace conflict. Kirsten S. Branigan's unique experience enhances her role as an Investigator, Arbitrator and Mediator. Throughout her career, she has had extensive experience in handling negotiations and litigation from both the plaintiff and defense perspectives, while also assisting clients with implementing preventative and remedial measures, including policies, training and investigations. This dual perspective in having handled matters from both sides has fostered her role as Investigator, Arbitrator and Mediator.

Effective Conflict Management involves assisting clients with crafting proactive measures in an effort to remediate unlawful conduct in the workplace.

Independent investigations into complaints of employment-related complaints are key remedial components. Such investigations need to be promptly and effectively performed to minimize risk and correct unlawful activity. Investigations are conducted for a wide array of businesses and organizations in various industries.

• Pharmaceutical, Publishing, Communications Information Technology, Manufacturing, Beauty
• Hospitals and Non-Profit Organizations
• International and Domestic Companies
• Education, Health-care, Distributing
• Public Entities and Organizations
• Large National Companies
• Small to Mid-Size privately-held businesses
• Fortune 200 and 500 Companies
• Educational Institutions

The firm's investigation work has included complaints of harassment, discrimination and other types of wrongdoing, and includes drafting detailed documents, summarizing the results of the investigation and testifying in connection with same.

• AAA Arbitrator
• Mediator

Ms. Branigan is a Mediator on the civil roster of mediators with the New Jersey Superior Court and an Arbitrator with the American Arbitration Association (AAA) Commercial/Employment Panel and provides services as a neutral in employment arbitrations, as well as in employment mediations, both private and court-ordered.

Ms. Branigan litigated AAA employment arbitrations and has also handled public sector labor arbitrations. From 2007-2009, Ms. Branigan served as a Commissioner with the Public Employment Relations Commission ("PERC"), a seven-member, quasi-judicial administrative agency charged with administrating public sector labor issues, unfair practices, mediation, fact-finding and arbitration.

Ms. Branigan has also served as an advocate in numerous employment mediations and settlement conferences before judges, with private mediators and/or court-order mediators appointed through the New Jersey state and federal courts and agencies, such as the Equal Employment Opportunity Commission, Division on Civil Rights, New Jersey Department of Labor, Divisions on Unemployment and Wage and Hour Compliance, and the Office of Administrative Law.

Effective Conflict Management involves assisting clients with crafting proactive measures in an effort to prevent unlawful conduct in the workplace.

Training is available for human resources and in-house legal staff on how to handle complaints and investigations into allegations by employees that implicate a myriad of state and federal employment laws, including those that prohibit harassment, discrimination, retaliation for whistleblower activities and other unlawful conduct. These training seminars are provided to all staffing levels, including upper management, from both a compliance and practical perspective.

Training and Workshops include:

• Harassment, Discrimination Prevention
• Hiring, Interviewing
• Medical Inquiries/Exams
• Job Descriptions
• Performance, Discipline
• Credit Checks, Privacy
• Disability, Family Leaves
• Reorganizations, Reductions
• Drug and Alcohol Testing
• Termination, Separation

The training is adaptable to different settings - such as in auditorium venues to large audiences (100+), as well as to smaller groups in roundtable settings and individual one-on-one training to alleged harassers. The training sessions focus on role-playing vignettes that provide an interactive forum to engage the audience in understanding the legal requirements, while also exploring practical and effective solutions.

Programs are also available to facilitate education in the area of conducting investigations. A dynamic program such as "HR UNDER FIRE -- Legal Preparation of the Human Resources Professional as a Litigation Witness," embraces an innovative and interactive method of teaching. The HR on Trial Program is a mock investigation workshop that explores the multiple layers of investigating a complaint, the deposition process and the trial. The program is a three-act simulation where designated individuals play the roles of an HR Professional, Victim, Harasser and Lawyer, with ongoing commentary by the two attorney presenters. The first act involves the HR Professional investigating a simulated complaint of harassment/ discrimination. The second act involves the deposition of the same HR Professional during subsequent simulated employment discrimination litigation. The third act involves the same HR Professional testifying at a trial. The HR on Trial program has been approved for certification credit hours toward PHR, SPHR and GPHR recertification through the Human Resource Certification Institute (HRCI). This program has been provided to business groups as well as in-house for corporate clients.

Effective Conflict Management involves assisting clients with crafting proactive solutions in an effort to prevent unlawful conduct in the workplace such as drafting effective Policies and Procedures, providing Counseling and conducting Compliance Audits and Risk Assessments.

Compliance review, advice, and risk assessments are critical preventative measures for business clients and organizations. Such work includes the creation and implementation of effective handbooks, policies and procedures geared toward preventing instances of unlawful conduct related to the workplace. These assessments involve a comprehensive review of adherence to legal requirements.

• Discrimination, Harassment
• Wage and Hour
• Family and Medical Leave
• Workers' Compensation
• Whistleblower, Retaliation
• WARN, Health and Safety
• Unemployment
• Fair Credit Reporting, Privacy

Negotiations also play a critical role in all aspects of employment law. A strong emphasis is placed upon reaching common goals through Collaborative Measures such as negotiations and pre-litigation efforts.

At the beginning and end of employment, it is important to review and assess:

• Employment Contracts
• Severance Agreements and Releases
• Compensation, including Executive Comp
• Non-Disclosure Agreements
• Restrictive Covenants
• Non-Competition Provisions
• Non-Solicitation Clauses

In employment matters, it is important to utilize negotiations skills. Ms. Branigan has nearly 15 years experience practicing exclusively in the area of employment law negotiations from both the defense and plaintiff perspectives. As a litigator, she has participated in countless mediations and settlement conferences on employment matters.

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RELATED ARTICLES

A question of legality
(Working: Ask the Expert)
published in the Herald News,
Andrea Gurwitt, author.
(May, 2007]

Importance of Workplace
Investigations
(Corporate Preventative
and Remedial Measures), published in the
New Jersey Lawyer,
Kirsten S. Branigan,
co-author.
(October, 2006)

Conducting and Attacking
Employment Investigations,
published in New Jersey
Law Journal, Kirsten S.
Branigan, co-author.
(March, 2003)