Daniel J. Guttman
Daniel J. Guttman practices primarily in the area of labor and employment law, where he represents management in both the private and public sectors.
Mr. Guttman has litigated in federal and state courts at the trial and appellate levels, and has represented clients before various administrative bodies, including several state civil rights commissions, the Equal Employment Opportunity Commission, State Employment Relations Board, National Labor Relations Board and Department of Labor.
He has defended employers against claims of discrimination (including sex, race, age, national origin, FMLA and disability), retaliation, sexual and racial harassment and breach of contract. He has also litigated claims of individual and government liability under 42 U.S.C. §1983.
In addition to his litigation experience, Mr. Guttman has extensive traditional labor law experience, having negotiated collective bargaining agreements, arbitrated cases, represented clients in unfair labor practice situations and advised on “day-to-day” contract administration. He has particular experience in public-sector labor and employment counseling having represented various municipalities, townships, transit authorities and other political subdivisions and quasi-public entities.
Mr. Guttman also provides general employment and business counsel to businesses, entrepreneurs, executives and healthcare professionals. He has negotiated and drafted employment agreements, incentive and executive compensation arrangements and separation packages covering a range of employees.
His experience includes non-compete/non-disclosure and trade secret agreements and matters involving interference with business and contractual relations. He has also guided employers through workforce re-organizations and reductions, including mass layoffs, from the initial planning phase to developing severance programs and securing releases and waivers. Mr. Guttman has experience with contracts, policies and practice management advice specific to the healthcare industry.
Mr. Guttman also provides guidance to successfully resolve and/or prevent litigation or legal violations. This aspect of his practice includes advising employers and/or training on federal and state employment law, including hiring and termination practices, employee discipline, whistleblower, the development of policies and employee handbooks, FMLA, wage and hour, drug testing, FCRA/FACT and background checks and workplace safety.
Mr. Guttman has represented his clients’ interests in, and is an advocate of, alternative forms of dispute resolution, including mediation, arbitration and negotiation. He has long been active in the area of alternative dispute resolution having served as Managing Editor of The Ohio State Journal On Dispute Resolution, receiving the Outstanding Managing Editor award. His article examining alternatives to traditional adversarial litigation was published in The Ohio State Journal On Dispute Resolution, Volume 12.