Galit Kierkut, Evaluate and Enforce all cases Related to Legal Situations

Employment and labor law exists to protect the best interests of the people involved in our workforce. With the vast majority of individuals working in some shape or form, this area of law is responsible for some of the most applicable and relevant legislation in our daily lives. Yet at the same time, most people have only a basic understanding of the protections offered to them as employees, or the responsibilities given to them as an employer. That is why employment and labor attorneys work tirelessly to evaluate and enforce all cases related to legal situations in the workplace. Among these attorneys is Galit Kierkut, an attorney currently working at Sills Cummis & Gross in New Jersey.

After graduating from the University of Pennsylvania Law School in 1995, Galit Kierkut began devoting her career to the practice of employment and labor law. She focuses her practice on employment litigation and counseling by conducting human resource audits, performing management and employee training in sexual harassment, social media, and electronic communications use, and counseling clients regarding compliance with state and federal employment laws, including discrimination laws, the Fair Labor Standards Act (FLSA), family and medical leave, and the Worker Adjustment and Retraining Notification (WARN) Act.

She is also responsible for reviewing and drafting employee handbooks and social media policies and employment contracts. Social media policies are an area of particular interest to Galit Kierkut. She has published a number of papers on the topic including “The Risk of Social Media Usage in the Workplace”, “Monitoring Electronic Communications and Social Media Usage in the Workplace”, and “Recent Developments in Employment Law and the Impact of Technology on Workplace Trends”. The rise in technology has created a gap in the workplace between issues related to social media use and the laws that protect companies and employees from problem that come from this use. For example, intellectual property that technically belongs to a company can be shared, be it nefariously or otherwise, through social media. The problem is that this information is disseminated faster than ever before and companies have few means of stopping it.

Labor and employment law is constantly changing. Attorneys responsible for this area of law are expected to be dynamic, up to date, and experienced enough to adapt their knowledge to a variety of situations and circumstances.

Galit Kierkut And Tailoring The Contract

Galit Kierkut  is adamant that  every employment contract must be uniquely tailored to each individual company in order to maximize the protection and security of both the employee and the employer. It is highly likely that the company who is hiring new employees is in competition with rival firms to command a greater percentage of market share. For example, if a company has just been awarded the contract to supply services to the largest hospital in the state, expectations will obviously be high with regard to future profitability. The next step, however, is the defining one. Who will that company hire to manage the entire account from its inception to its conclusion? How will that company protect itself and its reputation throughout the life of the contract?

As Galit Kierkut points out, the importance of an employee contract is essential in today’s business world. Unemployment is low, and every company is desperately looking to hire and retain top talent. It is of paramount importance that employers are fully cognizant  of the laws of their state. This in itself is more complicated than would at first be thought – largely due to various interpretations and definitions of employment law in each separate state in the US. Trade secrets, proprietary customer information, confidential data, non-compete agreements, ownership of inventions and exclusive employment are all areas of concern addressed by the properly executed employee agreement. Furthermore, employees are encouraged to have their own attorney vet the document on the clear understanding that the employer has used professional counsel  to draft the agreement.

Galit Kierkut has made it her core emphasis to concentrate on employment legislation and counseling. She is meticulous in conducting human resource audits, while performing management and employee training in such thorny areas as sexual harassment, social media and electronic communications use, and is very adept in counseling clients regarding compliance with state and federal employment laws. To facilitate this process, Galit Kierkut pays extremely close attention to any amendments to existing discrimination laws, the Fair Labor Standards Act (FLSA), legislation governing family and medical absence, and the Worker Adjustment and Restraining Notification (WARN) Act.

Galit Kierkut of New Jersey law firm Sills Cummis & Gross, has recently published a comprehensive document aimed at assisting employers in negotiating the tortuous labyrinth of frequently confusing laws relating to employment in the state of New Jersey. Galit Kierkut is a member of the Employment and Labor Practice Group, and is also a member of the executive board of the NJSBA’s Labor and Employment Law Section. Her paper not only covers the traditional challenges faced with creating and executing an employment contract, but also addresses the new roadblocks employers face with the rampant use of social media in the 21st century. She is therefore ideally positioned to offer guidelines to both employers and employees on what constitutes a workable employment contract.

Galit Kierkut, When to Arbitrate or When Not

Conflicts between companies and employees are an unfortunate reality in our professional world. As a microcosm of society itself, businesses cannot be expected to function flawlessly without any disagreements between employers and employees. The issue, therefore, becomes one of how to best handle these types of situations. The first step, obviously, is to simply avoid them altogether. It is prudent that companies and their employees both agree on and are clear about the expectations for their work agreements and contracts, and the consequences for not following through on these expectations. Aside from proactive steps to avoid these situations entirely, businesses and employees must decide on when to pursue varying levels of legal actions. For employers that do not rely on Employment Practices Liability Insurance (EPLI), the trend is often to pursue arbitration because it provides a level of certainty in costs and processes.

As employment and labor attorney Galit Kierkut writes in her article “To Arbitrate or Not to Arbitrate; That is the Question”, “employers might favor arbitration in employment contract disputes because arbitration is generally more cost-effective, is typically a private proceeding, is not decided by an unpredictable jury, and provides for limited rights to appeal”. In short, arbitration is relatively certain and that is a comforting fact when facing any type of legal issue, either for a company/organization or an employee. However, these types of proceedings are not without their own drawbacks. “Weighing against arbitration are issues like the employer bearing the cost of the arbitration, the fact that the arbitrators are perceived to be more likely to attempt to reach a compromise award regardless of the merits of the case and are less likely to dispose of a non-meritorious case in motion practice”.

That is why EPLI is so useful. It is a type of liability insurance that covers wrongful acts arising from the employment process. These claims typically fall under wrongful termination, discrimination, sexual harassment, defamation, invasion of privacy, failure to promote, deprivation of a career opportunity, and negligent evaluation. These issues, although uncomfortable for employers and employees, are commonplace in the business world and that is why attorneys and legislation exist to handle such issues.

For Galit Kierkut, the issues surrounding arbitration and employment disputes are very familiar. She currently works for Sills Cummis & Gross, a full-service corporate law firm with offices in New Jersey and New York. Their clients range from Fortune 500 to emerging growth and foreign corporations doing business in the United States.

Whistleblowers in the Workplace Have Changed Laws

Edward Snowden is perhaps the most famous whistleblower in the world today. But what exactly is a whistleblower? A whistleblower is someone who publicly exposes illegal or unethical activities within a corporation. This person can bring allegations to light by contacting a third party outside of an accused organization. Usually that third party is media, police or government, or an anonymous party such as Wikileaks, and in many cases can add a certain layer of protection to the whistleblower as the whistleblowers often face backlash from companies and even from fellow citizens.

Legal protection for whistleblowing varies from country to country and is dependent on how the issues and wrongdoings eventually became publicized. Many countries have now adopted whistleblower protection laws which are tools for reporting wrongdoing and provide legal protections to the people who reported them. Over 50 countries have adopted more limited protections as part of their anti-corruption, freedom of information, or employment laws. In the United States, legal protections vary according to the subject matter of the whistleblowing, and sometimes the state in which the case originated. Federal and state laws protect employees who call attention to violations, help with enforcement proceedings, or refuse to obey unlawful directions.

Galit Kierkut of the law firm Sills Cummis & Gross (Newark, Princeton and New York), who focuses on  employment litigation and counseling, attributes the increase in whistleblowing in the healthcare industry to a strong desire of employees to protect  patient health and safety. The public opinion of whistleblowers varies from selfless martyrs to traitors and even defectors. Even while doing what they strongly believe is ethically correct, whistleblowers can be ostracized by their co-workers, discriminated against by future potential employers, or even fired from their organization. More and more companies have implemented reporting hotlines, which allow employees to anonymously report violations without fear of retribution. Employers can benefit from this by reacting to and rectifying issues which, if came to light, could be wholly destructive.

Sills Cummis & Gross P.C. is a full-service corporate law firm with over 140 attorneys in New Jersey and New York.  The Firm’s work is diversified among industries such as pharmaceutical and medical device, health care, life sciences, banking and finance, retail and commercial real estate, manufacturing and technology.   Recently,  over 40 attorneys were named to the 2017 edition of Best Lawyers in America

Sills Cummis & Gross Focus on Clients and Women

Sills Cummis & Gross, located in the New York and New Jersey, is a full service law firm serving the northeast of the United States. Their expertise, professionalism and depth of experience offers expert advice to clients of any size, from Fortune 500 to smaller, locally owned businesses in need of attorneys across a wide field of specialties. Founded in 1971, the privately held company is one of the most respected Princeton law firms in the north east United States.

The law firm’s operation is centered on fair cost to the client, no matter the size. Determined to change the way practices are perceived, the firm decided as a whole to focus on cost and service, giving outstanding service to clients and working within their preset and predetermined budgets,

Second only to client services is Sills Cummis & Gross’s commitment to diversity within the workplace. According to the American Bar Association, women represent only 36% of persons in the legal profession. Less than 10% of attorneys are represented by minorities, and Sills Cummis & Gross has remained a strong advocate of hiring and retaining minorities and women. The firm remains committed to this initiative by encouraging its staff to participate in women’s groups and minority bar associations.

Marcia Jeffers, who has been with the firm for over 15 year, and Galit Kierkut are examples of Sills Cummis & Gross’ commitment to women. The firm’s reputation and stellar client service was recently recognized in the 2017 Edition of The Best Lawyers in America. Compiled from over 7.3 million votes, Sills Cummins & Gross was extremely proud to have 40 of their attorneys’ recognized by the publication.

In a press release recently issued by Chief Marketing Officer Marcia Jeffers, the firm publicly recognized all 40 of their colleagues. Among those named was Galit Kierkut , Litigation Attorney specializing in Labor and Employment and Commercial Litigation.  Kierkut adds the recognition of the Best Lawyers in America to her growing list of accolades and awards.

The commitment from Sills Cummis & Gross to the community, their clients, and women and minorities give them the ability to stand out from the crowd, and change the way the public think of law firms. With leaders and exemplary attorneys like Marcia Jeffers and Galit Kierkut, the firm will continue to serve their clients with upstanding and outstanding service for many years to come.