Employment Law

Litigation

Eckland & Blando attorneys are strategic and tenacious litigators who represent both employers and employees in a broad spectrum of employment and shareholder-related disputes in state and federal trial and appellate courts throughout the country. Our experience advocating for clients on both sides of the employment relationship provides us with a distinct advantage: we understand the legal arguments, business considerations, risks, and motivations that drive each party’s decision-making. This dual perspective allows us to develop more effective litigation and resolution strategies for our clients, evaluating the risks and opportunities from all angles and at every stage of litigation.

Our attorneys regularly represent clients in matters involving discrimination and harassment claims, wage and hour disputes, restrictive covenants and non-competition agreements, misappropriation of trade secrets, tortious interference with contractual relationships, and other complex employment and business tort claims. We also represent employers in proceedings before federal, state, and local administrative agencies, including the Equal Employment Opportunity Commission, National Labor Relations Board, United States Department of Labor, Minnesota Department of Human Rights, and other human rights and wage and hour enforcement agencies. In particular, our team has a deep bench of experience in the third-party logistics (3PL) industry, having handled over 100 disputes for 3PL companies or employees.

We pride ourselves on having more than litigation experience—we have trial experience. Our employment, shareholder, and unfair competition litigators have handled jury trials, bench trials, and arbitration trials in recent years, obtaining multi-million dollar verdicts for plaintiffs and complete defense verdicts for defendants. While 98% of civil cases settle before trial, Eckland & Blando’s litigation team litigates each case with the care and tenacity necessary to take the case all the way through trial if necessary. Many of our clients partner with us on litigation matters because they know we will boldly litigate the case all the way through trial if needed, and they know that our trial experience and record drives successful settlements.

Examples of Eckland & Blando’s successful representation in litigation include:

  • Successfully defeated motion for preliminary injunction in the Middle District of Florida by former employer against multiple employees that accepted employment for another company operating in the same transportation logistics industry. See Blue-Grace Logistics LLC v. Fahey, 340 F.R.D. 460 (M.D. Fla. 2022).
  • Granted motion for summary judgment, dismissing all claims against clients for allegedly violating non-competition covenants under Florida law, by establishing that the former employer did not have a legitimate business interest that justified the non-competition restriction. See Blue-Grace Logistics LLC v. Fahey, No. 8:21-CV-2523-KKM-MRM, 2023 WL 424285 (M.D. Fla. Jan. 26, 2023).
  • Successfully transferred non-competition and non-solicitation case from the Western District of Texas, where the employer was headquartered, to the Northern District of Illinois, where the employees resided. See DM Trans, LLC v. Scott, No. 1:21-CV-505-RP, 2021 WL 2864885 (W.D. Tex. July 8, 2021).
  • Defeated motion for preliminary injunction in the Northern District of Illinois against five employees that resigned to work for a competitive company in the transportation logistics industry. See DM Trans, LLC v. Scott, No. 21 C 3634, 2021 WL 4963606 (N.D. Ill. Oct. 26, 2021).
  • Defended district court’s denial of motion for preliminary injunction to the Seventh Circuit Court of Appeals, resulting in a precedential decision affirming win in lower court. See DM Trans, LLC v. Scott, et al., 38 F.4th 608 (7th Cir. 2022).
  • Successfully moved to dismiss claims in the Middle District of Florida against employees for allegedly violating non-competition and non-solicitation restrictions while employed by a new employer. See Paramount Transportation Logistics Servs., LLC v. Traffic Tech, Inc., No. 2:21-CV-831-JES-NPM, 2022 WL 861584 (M.D. Fla. Mar. 23, 2022).
  • Successfully reversed decision by the Southern District of Ohio entering a preliminary injunction in the Sixth Circuit Court of Appeals based on procedural due process arguments rooted in the Federal Rules of Civil Procedure. See Total Quality Logistics, LLC v. Traffic Tech, Inc., No. 22-3148, 2023 WL 1777387 (6th Cir. Feb. 6, 2023).
  • Defeated motion to compel arbitration against an employee who raised misclassification and failure to pay overtime wages as an unclean hands defense to injunctive relief. See Total Quality Logistics v. Traffic Tech, No. 1:21-CV-714, 2022 WL 523463 (S.D. Ohio Feb. 22, 2022).
  • Defeated motion to dismiss and/or transfer case from the Eastern District of Virginia to the Middle District of Florida after preemptively filing a Complaint for Declaratory Judgment. See Woie, et al. v. Blue-Grace Logistics LLC, No. 3:22-CV-637-HEH, 2023 WL 1783773 (E.D. Va. Feb. 6, 2023).
  • Successfully moved to transfer a class action complaint filed by Plaintiff in the District of Minnesota based on the argument that Plaintiff was engaged in forum shopping. See Lyman v. Gas Gathering Specialists, Inc., No. 21-CV-2386 (KMM/ECW), 2022 WL 1639553 (D. Minn. May 24, 2022).

Investigations

In today’s legal and business environment, both self-audits and internal investigations play an increasingly important role in compliance and risk management. Eckland & Blando has extensive experience in conducting prompt and comprehensive internal investigations for a wide range of companies—both in response to concerns about a company’s own compliance, employee conduct, and other sensitive matters. We also have experience helping companies develop internal complaint handling policies and investigation procedures, relying on best practices and our real-world experience to guide companies in shaping their internal investigation processes.

At Eckland & Blando, we understand that a well-conducted investigation is about more than uncovering facts—it is about fostering trust, ensuring fairness, and providing clients with clear and reliable guidance. That is why we hold the investigation process in high regard, and every investigation is handled with the utmost care and attention to detail. While avoiding litigation is always one of the goals, we recognize that is not always possible. In those instances, a well-executed investigation can be one of a company’s most valuable assets. Our thorough, objective investigative process provides clients with a strong factual foundation upon which to make informed decisions, take appropriate corrective action, and, when necessary, mount a robust defense grounded in the integrity of the investigative findings.

In each situation, our process involves developing the appropriate goals and scope of work, conducting a targeted and effective investigation or audit, preparing a neutral and thorough verbal or written investigative report, and providing strategic advice regarding any recommended actions. We also assist clients in performing self-audits to evaluate and minimize the risk of burdensome unforeseen litigation.

Examples of Eckland & Blando’s investigations include:

  • Conducted numerous high-risk and potentially high-profile investigations of sexual assault and sexual harassment allegations on behalf of corporations, educational institutions, and nonprofit organizations.
  • Investigated allegations of misconduct by senior executives at Fortune 100 and Fortune 500 companies.
  • Investigated allegations of sexual assault against the owner of a privately held company valued at $50 million.
  • Served on the legal team that conducted an internal investigation of a Big Ten athletic department following allegations of sexual harassment and the resignation of the athletic director.
  • Co-led an investigation of a state legislator accused of sexual misconduct.
  • Conducted multiple investigations of group claims of age discrimination at large employers.
  • Investigated allegations of retaliation and bullying against a senior vice president of a medical device company.
  • Investigated a third-party allegation of sexual assault against a sales manager of a medical device company.
  • Investigated allegations of gender discrimination and FMLA retaliation against a vice president of a medical device company.
  • Investigated allegations of sex discrimination and harassment against a vice president of a construction company.
  • Investigated allegations of harassment, retaliation, and related misconduct against a vice president of a technology company.
  • Investigated allegations of retaliation and discrimination against a general counsel.
  • Investigated a range of legal and ethical concerns regarding the conduct of a nonprofit agency’s executive director.
  • Advised numerous companies and educational institutions on internal investigations conducted by their in-house personnel.
  • Assisted organizations in developing internal processes and policies for conducting workplace investigations.
  • Presented on numerous occasions on best practices for employment investigations and the effective use of computer forensics experts in internal investigations.

Employment Counseling

Eckland & Blando’s experienced employment attorneys work with companies daily on a wide variety of employment issues. We provide knowledgeable and actionable guidance on all state and federal employment laws, including:

  • Hiring and firing
  • Employee performance and discipline guidance, including how to handle performance improvement plans, disciplinary meetings, and termination
  • Disability accommodation and leave laws, including the Family and Medical Leave Act, Americans with Disabilities Act, parental leave, sick and safe leave, and Minnesota’s Paid Leave Law
  • Nondiscrimination laws, such as Title VII, the Age Discrimination in Employment Act, and Minnesota Human Rights Act
  • Preventing and responding to unlawful and sexual harassment
  • Wage and hour matters under the Fair Labor Standards Act
  • Employee classification, including independent contractor versus employee analysis and exempt versus non-exempt employees
  • Workplace Restructuring, including layoffs and analyzing the impact on legally- protected groups of employees
  • Confidential information and protection of business proprietary information and technology
  • Guidance on hiring, including background checks, job applications, offer letters, and compensation strategy
  • Minnesota-Specific Paid Leave Guidance regarding preparing your Paid Leave Policy, interaction with your paid time off plan and other state and federal laws
  • Training to managers and other employees regarding employment topics such as preventing unlawful harassment

Effective employment documents are not one-size-fits-all; they must be tailored to a company’s business goals, operations, and evolving legal obligations. Our employment counseling attorneys routinely work with clients to draft customized employment documents that protect a business’s valuable assets, including its people and proprietary information. Employment documents which Eckland & Blando provides include:

  • Employee Handbooks, including paid leave and earned sick and safe time policies
  • Offer Letters and Employment Applications
  • Non-Competition, Non-Solicitation and Confidentiality Agreements to protect companies’ valuable business and client information
  • Employment Agreements and Independent Contractor Agreements
  • Separation and Release Agreements (Severance Agreements)

Eckland & Blando attorneys are trusted partners with Human Resources, business owners, and executives in navigating the ever-changing legal landscaping of employment laws and regulations. We assist companies in preserving and growing every organization’s most important asset—its people.

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