The Gardner Firm - Labor and Employment Lawyers
Our firm's mission is to honestly pursue the lawful goals of our clients, and to give our clients wise advice. All law firms should have this as their mission. Our firm is different from most, however, in the clients whom we serve and the goals that we pursue for them. This gives our firm its distinctive past, present, and future.
Rather than serving the entrenched interests of those in power, our commitment lies primarily with those who pursue justice. Some of our clients are people who have banded together to strengthen their collective voice: the labor unions, the political associations, the class-action representatives, all of whom know that many individuals working together can accomplish things that no one can do alone. Others of our clients, by contrast, are facing lonely fights against powerful opponents: they are workers, employees and consumers who have been injured or cheated, and need an ally and advocate in their battle to obtain what is lawfully theirs.
We believe that our work, in these matters, is not only to the benefit of our clients; beyond that, it serves the general public good and improves the society in which we live.
Civil Rights & Employment Law
Our practice in the area of Civil Rights and Employment Law includes a variety of cases, all ultimately centered on the law's protection of equal rights.
A substantial part of this practice is employment law. We regularly litigate cases of employment discrimination, under all of the major federal statutes in that area including "Title VII" (forbidding discrimination and harassment on the basis of race, sex, religion, or national origin), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act. We also litigate and advise clients as to their rights and obligations under other federal workplace statutes, such as the Family and Medical Leave Act (FMLA) and the Workers Adjustment and Retraining Notification Act (WARN Act). In addition, we bring cases under Alabama law for those areas in which federal law is not controlling, such as Alabama's Teacher Tenure Law and related subjects.
Also within this field of practice are other types of civil rights litigation, including Constitutional matters (regarding rights to due process, Equal Protection, First Amendment rights, and other topics) and Voting Rights.
Representing Unions and their members is the cornerstone of The Gardner Firm. Our Union clients are made up of employees in all industries, both public and private sector. We also represent our Union clients in their own business matters, as well as in their dealings with employers and with their members.
We represent union clients throughout Alabama and the United States and offer ongoing advice as to new legal developments, and as to difficult questions of law and strategy in labor relations. We negotiate labor contracts, handle grievances and arbitrations, appear before the National Labor Relations Board (NLRB), and litigate labor cases from municipal court to the U.S. Supreme Court.
If you are a Union official interested in becoming a client of our firm, please contact Cecil Gardner in our Mobile Office at (251) 433-8100.
The WARN Act
The Worker Adjustment and Retraining Notification Act (WARN Act) is a law that provides protection to workers and their families by requiring larger employers to provide a written layoff notice at least 60 days prior to a mass layoff, facility shutdown, or plant closing.
The advanced notice required by the WARN Act gives employees a chance to keep earning a wage while they find, adjust, and retrain for a new job. The WARN Act provides protection to all non-governmental employees including blue and white collar workers and salaried and hourly employees.
In addition to the protections of the federal WARN Act, several states, including, New York, New Jersey, California, and Ohio provide protections to laid-off or terminated employees under state laws that embrace the spirit of the federal WARN Act law.
The experienced WARN Act attorneys of The Gardner Firm, have represented thousands of laid off workers nationwide in federal and state class action WARN Act suits. If you've been laid off without a written layoff notice, or, you've received a shortened notice (less than 60 days), please contact Mary Olsen or Vance McCrary for a FREE no-obligation consultation.
You can also find out more about our WARN Act practice at warnadvocate.com
Health and Welfare Fund Management
Taft-Hartley health and welfare plans offer a portable benefit option to certain union employees who typically do not stay with a single employer for a long period of time (construction and trade workers). These plans are created and maintained according to collective bargaining agreements between unions and employers.
The Gardner Firm provides legal representation to these, and other benefit plans, and responds to clients with timely advice appropriate to the individual needs of the particular plan. If you are an official of a pension or health fund, please contact Cecil Gardner or Vance McCrary for a consultation at (251) 433-8100.