Call Today: (270) 766-1800

Moulton & Long PLLC

Attorneys At Law

58 Public Square, Elizabethtown, KY 42701

EMPLOYMENT LAW II









Moulton & Long's employment law practice emphasizes commitment, timely and cost-effective service in handling employment-related litigation. We represent employers and employees on a broad range of matters.  Please click the tab below which addresses your needs.

Moulton & Long PLLC provides counsel to small and large businesses from their formation to their dissolution, including assistance with employment issues. The firm has been instrumental in the creation of a number of business entities, and has negotiated and drafted leases, as well as stockholder, financing and security interest agreements. Additionally, we have helped with commercial transactions, and have crafted documents defining employment, nondisclosure, consulting, independent contractor relationship, policy and procedure, purchase contracts, distributorships and output contracts. Through counseling and litigation, the firm also has helped resolve trade secret, unfair competition and related disputes.

Moulton & Long PLLC provides comprehensive legal services to entrepreneurs and other individuals looking to establish a business entity that will best serve the needs of their business venture. Moulton & Long PLLC attorneys work collaboratively with such clients on wide ranging issues including entity formation, restrictions on stock transfers and voting, shareholder agreements, non-competition and non-solicitation agreements and operating agreements and ongoing business development. Moulton & Long PLLC regularly advises companies in connection with and negotiates agreements frequently encountered by emerging businesses.

Moulton & Long PLLC also has experience in the area of mergers and acquisitions. Our experience encompasses complex business combination transactions - whether public or private - and includes mergers, acquisitions, joint ventures, strategic alliances and spin-offs. Our office is able to provide fully integrated representation to sellers and buyers in M&A transactions, and to focus on resolving all issues relating to those transactions.


In-House General Counseling Services



In addition, Moulton & Long PLLC can provide a unique practice area dedicated to providing the services of an in-house general counsel position to private start-up companies. The firm’s general counsel practice is designed to afford our smaller clients the day-to-day services of a general counsel in a cost-effective manner that eliminates hourly billing and reduces overhead and internal costs. Moulton & Long PLLC advises clients on general business matters in the areas of corporate law, employment law and contract law, using a monthly fixed fee so that each client receives consistent legal advice at a fixed, predictable cost. Moulton and Long PLLC’s General Counsel Services provides a comprehensive yet cost-effective alternative for companies seeking the comfort and consistency of having in-house legal services available for all aspects of their day-to-day business.  Each client is individually served and their program is tailor made to fit their specific needs.


Preventative Counseling



The firm assists employers in developing and implementing employment practices and policies that foster employee relations and minimize the risk of costly lawsuits.  We advise clients on employment law issues that arise on a day to day basis including but not limited to:


(Please click the link to obtain information regarding the issue)





REPRESENTING EMPLOYEES    | REPRESENTING EMPLOYERS   (Please click the button to obtain information regarding the issue)




Defense of Employment Lawsuits

 

We represent employers before administrative agencies as well as federal and state courts and arbitral forums.  We provide representation during all stages of an employment dispute, from providing employers with assistance in drafting and submitting position statements to the Equal Employment Opportunity Commission to representing them in court for various actions including employee discrimination and wrongful discharge suits, unemployment appeals, breach of contract, commercial collections, non-payment for goods or services, defective or non-conforming goods, unfair competition, trade libel, fraudulent business practices, wrongful interference with business relationships, franchisor/Franchisee disputes,  mechanics lien foreclosure, credit card chargeback claims, corporate dissolution, breach of fiduciary duty, shareholder actions, employment contracts, non-compete agreements and construction contracts.

Our timely, efficient and aggressive approach to handling employment-related litigation for our clients is evident in all phases of representation.


Drafting Agreements


The firm is skilled in drafting various agreements including but not limited to:

Employment contracts
Policies and Procedures
Non-compete and trade secret protection agreement
Separation agreements
Corporate dissolution
Non-compete agreements
Construction contracts
Commercial leases
Settlement agreements 
Shareholder and partnership agreements
Limited Liability Company (LLC) operating agreements
Operating Agreements for other business entities


Alternative Dispute Resolution (ADR)


Arbitration & Mediation are two of the most common methods of Alternative Dispute Resolution (ADR). Mediation is one of the less formal alternatives to litigation that involves impartial third party or panel (normally one or more licensed attorneys trained in negotiations) that intervenes to promote the resolution of the dispute or grievance. Mediation is used for a wide array of case-types: ranging from family law issues to juvenile felonies to Federal government negotiations with Native American Indian tribes or other disputing parties.

At the beginning of the formal mediation, the mediator explains their role, the confidential nature of the proceedings, any ground rules (e.g., no name calling), the benefits of mediation, and the procedural steps that will be followed (if any).

During the fact-gathering stage, the mediator will begin to define the issues, helping the parties to focus on the issues rather than their positions. At appropriate times the mediator will reinforce points of agreement and conduct reality checks whenever necessary. The mediator steers the parties away from past events and focuses them on what they want to see happen in the future.

Once a tentative agreement is reached, the mediator clarifies the terms of the agreement and makes sure all parties understand the terms of this agreement. One way this can be accomplished is by having the parties restate the agreement in their own words. The essence of the agreement is then prepared in writing, although the parties may want to have the agreement reviewed by an attorney before signing a formal agreement
.

Mediation is usually voluntary although participation is sometimes mandated by contract or by the court. Settlement, however, can never be mandated. When settlement is reached, studies show that mediated agreements are more likely to be complied with than decisions imposed by arbitrators or judges. This success may be because the parties take an active role in the decision-making process.


Call us at 270.766.1800 or contact us online to set up a consultation to discuss your legal options