July 2, 1964: Pres. Johnson signs the Civil Rights Act of 1964; Martin Luther King, Jr. looks on.

Employment Services

Mr. Fannon serves employers by providing business-sensitive, efficient, and cost-effective employment counsel and representation.  Litigating employment claims can be disproportionately costly and disruptive. Thus, a core value Mr. Fannon brings to employers is in guiding them through the management of situations and employees to minimize the likelihood of a claim being filed while maximizing the ability to defend it if it is.  When a matter must be litigated, Mr. Fannon has a stellar record, in court and in private arbitration, and stands ready to bring his decades of experience to bear in defense of his clients.

The following is a sampling of services and representation Mr. Fannon provides employers:

Employee Performance & Conduct Management

Mr. Fannon develops a solid understanding of his client’s business goals, culture, and philosophy and strong relationships with management, legal, and human resource teams.  He instruct managers, supervisors, and human resource professionals in effectively managing employee expectations through clear communication of duties, requirements, rewards, and potential consequences.  Mr. Fannon steers managers, supervisors, and employment practice professionals through resolution of employee performance and conduct issues by balancing and applying business, management, legal, and human resources interests and principles, resulting in demonstrably lawful business decisions with minimized risk of challenge. 

Situation Management & Claim Prevention

Mr. Fannon works with managers, supervisors, and employment practice professionals to manage potential risk and exposure and to comply with obligations under federal and state laws, such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans With Disabilities Act of 1990 (“ADA”), the Age Discrimination in Employment Act of 1967 (“ADEA”), the Family Medical Leave Act of 1993 (“FMLA”), the Equal Pay Act, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), the Fair Labor Standards Act of 1938 (“FLSA”), the National Labor Relations Act of 1935 (“NLRA”), the Fair Credit Reporting Act of 1970 (“FCRA”), state wage and hour laws, wage payment and collection laws, wiretapping statutes, whistleblower statutes, and common law privacy and other principles.  As examples:

  • Mr. Fannon helped an employer diffuse threatened ADA and FMLA claims of a long-term employee discharged for poor performance on the eve of scheduled surgery.  He advised employer to reinstate employee and guided managers through development and implementation of objective and measurable performance improvement plan, which resulted in employee’s acknowledging his performance deficiencies, abandoning his threatened claims, and moving on to other employment;

  • Mr. Fannon coordinated the prompt response to an employee’s sexual assault complaint and resignation.  He guided the employer through removal of alleged harasser, prompt, thorough and discrete investigation, and offer of immediate reinstatement, which resulted in both the employee’s not asserting threatened claims and the employer’s quick and efficient defense of the alleged harasser’s claims. 

Leadership Development & Training

Mr. Fannon has developed and presented to human resources professionals, as well as to managers, supervisors, and other employees, training and seminars regarding a broad array of workplace topics, including “co-employment” issues, joint or single employer status, and independent contractor status; hiring practices and procedures; managing employee performance and conduct; FMLA compliance and leave management; ADA compliance and management; wage and hour issues; and preventing and correcting sexual and other forms of discrimination, harassment, and retaliation.

In addition, Mr. Fannon uses each situation, to the extent practicable, as an experiential training forum to develop leadership and professional capabilities of each manager, supervisor, and employment practice professional involved.

Policy Creation & Implementation

Mr. Fannon guides employers in creating and consistently and lawfully applying employment handbooks and policies touching upon all aspects of the employment relationship, from equal employment, performance management, medical and other leave, to employee conduct and discipline.

Contract Negotiation & Drafting

Mr. Fannon negotiates and drafts executive and other employment agreements, restrictive covenants, nondisclosure agreements, independent contractor agreements, severance and settlement agreements, releases, and other employment related agreements.

Complaint Investigation

Mr. Fannon guides human resources professionals in the conduct and documentation of internal complaint investigations, ensuring they are completed as promptly, efficiently, and discretely as reasonably practicable.

Reductions in Force

Mr. Fannon has vast experience advising employers throughout all phases of workforce adjustments, from helping an employer crystalize its goals and objectives, to guiding it in the development and application of business-centered and lawful decision criteria, to crafting effective employee communications and preparing release agreements and related documents. 

Industries Served

Mr. Fannon represents Employers in various industries, including:

- Foodservice Wholesale/Restaurant Supply

- Cold Storage, Warehousing & Logistics

- Healthcare Services and Outsourcing

- Private Primary & Secondary School

- Safety Apparel & Equipment Supply

- Healthcare Information Systems

- Non-Profit Community Services

- Environmental Consulting

- Medical Documentation

- Business Consulting

- Furniture Retail

- Manufacturing