A Puerto Rico Employment Law Attorney Can Help Advise On and Manage Labor and Employment Law Matters
Labor and employment law is arguably one of the most important areas of the law; it governs the rights and obligations of employers and employees, guaranteeing free and equal job opportunities for everyone’s benefit. At the same time, it is also one of the most challenging areas of the law, with seemingly insignificant distinctions that can make the difference between sound employment practices and liability exposure. For businesses both large and small, a Puerto Rico employment law attorney from Delgado & Fernández, LLC can help you successfully navigate the challenges you may face.
Experienced Employment Representation
Delgado & Fernández, LLC frequently advises clients on preventive alternatives and policies. Notwithstanding this, litigation of employment claims is not always avoidable. Moreover, Puerto Rico has an extensive array of employment statutes that make this practice more intensive than what is typical in the United States. We have an experienced team of attorneys who provide counseling to employers in matters related to federal and state litigation of unjust dismissal, discrimination, wage and hour, FMLA, ERISA, non-competition agreements, sexual harassment claims, and labor arbitration claims as well as claims under the Labor Management Relations Act and its local counterpart.
Our attorneys have a remarkable track record defending employment claims through motion practice, as well as extensive trial experience defending claims before judges and juries in local and federal courts.
Case Highlight: Employment Practice Group Scores Big Win for Oriental Bank
Our Employment Practice Group’s attorneys recently prevailed at trial in a wrongful termination, retaliation, workplace harassment, disability discrimination, breach of contract and negligence claim filed by a former employee and her spouse. The Court entered judgment dismissing all claims filed by the plaintiff against Oriental Bank and the plaintiff’s former supervisor, both represented by Delgado & Fernández, LLC.
The Court ruled that plaintiff’s repeated poor performance and violations of bank policies constituted just cause for the termination from her employment and highlighted the inconsistencies in plaintiff’s testimony during the cross examination of the plaintiff conducted by Alfredo Fernández Martínez. In its judgment the Court reiterated the standard that Act 80 does not require employers to follow a formalistic approach to progressive discipline as long as the employee is informed of her deficiencies by her supervisor and she fails to timely correct them. The testimonies of the plaintiff’s former supervisors and co-workers, elicited through the direct examinations conducted by Alejandra M. Arnaldy Figueroa, supported the Court’s conclusion that her termination met the standard of Act No. 80.
In a well-reasoned opinion, the Court analyzed each and every one of the claims filed by the plaintiff (disability discrimination, retaliation, workplace harassment, breach of contract and negligence) and concluded that the evidence admitted at trial was insufficient to support these claims. Moreover, the Court ruled that plaintiff failed to establish prima facie claim of retaliation and that a four-month span between her internal claim and her termination was substantially remote and unrelated to justify her retaliation claim. As to her disability discrimination claim, the Court decided that the employee’s disability was informed to the employer after she was terminated from her employment and, for this reason, could not be the reason for her termination. The contingent claim filed by the former employee’s spouse was dismissed as none of the employee’s primary claims survived trial and the Court reiterated the norm that in the employment context, the exclusive remedy for termination is in Act No. 80, and dismissed the breach of contract claim filed by the former employee.
A Puerto Rico Employment Law Attorney Guarding Against Claims
At Delgado & Fernández, LLC, we are deeply committed to helping our clients avoid employment claims. As a result, we work closely with our clients to understand their businesses from the inside out. This helps us identify potential risks and then develop carefully tailored solutions unique to your business. We help you develop policies and procedures specifically designed to prevent employment issues from arising. More importantly, we work alongside you to ensure that they are fully and properly implemented.
We also provide day-to-day legal advice when it comes to handling specific employment issues. From reprimands to difficult terminations to questions involving compensation, we can help you make the best possible real-time decisions that serve your business needs.
While you can manage potential risks and reduce potential claims, you can never completely eliminate the possibility of litigation. And unfortunately, even patently meritless claims can consume valuable time, resources, and money.
If you are facing a lawsuit, a Puerto Rico employment law attorney who has extensive litigation experience can help you get the results you need quickly and cost-effectively. Aggressive and proactive, we prepare your case for trial from the very start. We believe this puts you in a position of strength to negotiate a settlement if possible. Otherwise, we are fully prepared to take your case to court and advocate for your rights.
Speak with a Puerto Rico Employment Law Attorney Today
You don’t have to wait for the lawsuit to be filed to get the legal representation you need. Contact Delgado & Fernández, LLC to discuss your employment law needs and how we can help.