Alan M. Kaplan, Chair of the Employment, Labor and Benefits group, represents management in employment and labor matters. He counsels companies in hiring, performance management and the termination of employees, and drafts employment agreements, confidentiality and non-compete agreements and employee handbooks. He negotiates contracts and settlements of disputes with employees, and represents companies in discrimination, wrongful termination, disabilities, occupational health and safety and overtime cases in federal and state government agencies and in federal and state courts. Mr. Kaplan also helps companies avoid unions, manages union elections, prevents and stops illegal picketing by unions, and defends companies when unions file grievances and have arbitration hearings. His clients include businesses in the manufacturing, automotive, construction and professional service industries.
Prior to Mr. Kaplan's association with the firm, he served as a Hearing Officer and prosecuting attorney in the Chicago Regional Office of the NLRB and as an appeals attorney in the NLRB's Office of the General Counsel in Washington, D.C. His government experience gives him unique insights and contacts when representing companies before federal, state and local agencies that regulate labor and employment laws, including the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), state departments of human rights, the Occupational Safety Health and Administration (OSHA), and federal and state departments of labor.
Mr. Kaplan was selected as an Illinois Super Lawyer in 2011 and 2012, and holds an AV rating from LexisNexis Martindale-Hubbell. He was appointed Chair of the Labor and Employment Section Council of the Illinois State Bar Association (ISBA) and is currently a member of the Small Business Advice Section Council. In addition, he serves as a member of the steering committee of the Labor Law Conference, co-sponsored by the Illinois Institute of Technology Chicago-Kent College of Law and Chicago Region 13 of the NLRB.
He conducts in-house supervisory training sessions on such topics as union avoidance, anti-harassment employment discrimination, hiring, discipline, safety and how employers should comply with laws relating to ill or injured employees. He was selected to conduct union avoidance training programs for the supplier group of a major Japanese automotive manufacturer and has spoken before the Japan America Society of Kentucky, the Japanese Chamber of Commerce & Industry of Chicago, and the Illinois CPA Society.
Lead attorney for interest arbitration hearing for the County of Lake, Illinois.
Handled union, employment and COBRA matters during mergers and acquisitions, including performing due diligence, negotiating and drafting employment-related provisions of asset purchase agreements, negotiating and drafting executive employment agreements, planning for possible successorship liability and negotiating with incumbent unions for the purchaser.
Conducted numerous anti-union campaigns, including representing companies before the NLRB and in federal court, and planning and implementing pro-employee/anti-union election campaigns.
Negotiated union contracts with Machinists, Auto Workers, Teamsters and other unions in the manufacturing, service, warehousing, and construction industries.
Obtained court dismissals and summary judgment decisions in favor of companies in wrongful discharge, alleged oral contract, discrimination, family and medical leave, pregnancy discrimination and overtime cases.
Represented an employer before the Seventh Circuit Court of Appeals in a race discrimination case, which was dismissed because of lies on an employment application.
Helped plan and implement multiple reductions-in-force for companies in telecommunications, machine tool, banking, automobile and pharmaceutical industries, including stay-and-pay agreements, rehire agreements and severance agreements.
Represented manufacturing companies before OSHA and the Solicitor of Labor during investigations and litigation involving employee injuries and deaths.