Tamara L. Roe

Member

I have represented businesses in the area of labor and employment law for the last fifteen years. My practice focuses on providing practical advice designed to prevent the considerable costs associated with employee claims. While I have other attorneys and support staff to assist me so that our charges remain low, I make special efforts to be personally and readily accessible to all of my clients.

Preventive Counseling:

We provide practical advice about how to discipline and discharge your employees while reducing the risk of employee claims. We counsel businesses regarding the numerous statutory obligations placed on them in the employment context, such as their obligations under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Occupational Health and Safety Act (OSHA), and the Consolidated Omnibus Benefit Protection Act (COBRA). We make special efforts to promptly respond to all types of personnel-related questions, such as how to conduct background checks, reduce L&I premiums, respond to reference inquiries, object to unemployment claims, and classify workers as exempt from overtime pay.

Employee Manuals and Personnel Forms:

There are certain defenses to employment-related claims that are available to employers only if they have written policies on the subject. As a result, every business should have an employee manual with certain key components. We review existing employee manuals for compliance with applicable laws and have developed standard policies that can be easily and efficiently tailored to the size and individualized needs of your business. We also review and prepare personnel forms such as employment applications, job descriptions, leave requests, work performance reviews, letters of reprimand, and severance agreements. Because employment laws are constantly changing and new statutes are being enacted on a regular basis, we recommend that employee manuals and personnel forms be updated each year.

Administrative Charges:

We handle complaints, investigations and audits involving federal, state, and local governmental agencies, such as:

• U.S. Department of Labor (DOL): unpaid wages/health and safety violations
• U.S. Equal Employment Opportunity Commission (EEOC): discrimination/harassment
• National Labor Relations Board (NLRB): unfair labor practices (private employment)
• Public Employment Relations Board (PERC): unfair labor practices (public employment)
• Washington Human Rights Commission (HRC): discrimination/harassment charges
• Washington Department of Labor and Industries (L&I): unpaid wages/workplace injuries
• Washington Employment Security Department (ESD): unemployment benefits
• Seattle, Tacoma, and Spokane Offices for Civil Rights: discrimination/civil rights

Civil Lawsuits:

We handle all types of employment-related lawsuits, including claims for wrongful discharge, sexual harassment, and discrimination based on gender, race, age, religion, national origin, marital status, pregnancy, military status, and disability. We also handle retaliation and whistleblowing claims, as well as lawsuits involving wages, commissions, and employee benefits. We also obtain injunctions and file lawsuits for employers asserting such claims as unfair competition, customer solicitation, disclosure of confidential information, defamation, and interference with employment and business opportunities.

Mandatory Arbitration Programs:

The Ninth Circuit Court of Appeals recently upheld an employer’s right to require employees to sign binding arbitration agreements. While mandatory arbitration programs cannot preclude certain lawsuits and are not guaranteed to be enforceable, they have several important advantages for businesses. Arbitration often prompts an earlier resolution of employee disputes, and is generally quicker and less expensive than litigation. Unlike a lawsuit, which is a matter of public record, the arbitration process can be kept confidential. Furthermore, it is almost always to the employer’s advantage to have an employee claim decided by an arbitrator, who is usually a retired judge or practicing attorney, rather than by an unpredictable and often biased jury. To be enforceable, a mandatory arbitration program must contain certain due process protections and other elements. We assist employers of all sizes in designing and implementing mandatory arbitration programs.

Workplace Misconduct Investigations:

Whenever allegations of sexual harassment, discrimination, workplace safety violations, embezzlement, or other types of misconduct are raised, the employer should conduct an immediate investigation to reduce the risk of liability. We assist businesses in conducting investigations and taking appropriate corrective action.

Employment Contracts:

We review and draft employment contracts that work in conjunction with your employee manual. We recommend that you have agreements with all of your independent contractors to avoid potential liability for payroll taxes, employee benefits, and worker’s compensation and unemployment premiums. We review and draft contracts protecting your company’s rights to employee inventions, prohibiting employees from competing against you, and protecting the confidentiality of your trade secrets and other confidential information.