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Mr. Fleming's legal experience includes

Corporate Compliance

Handled employment due diligence for a Fortune 1000 company acquiring a food processing facility;

Counseled a Fortune 500 company in a reduction in force and subsequent plant closing;

Preparation of an Affirmative Action Plan for a construction company;

Counseled a San Juan based bank on employment matters pertaining to the acquisition of another bank;

Assisted numerous employers in preparing job descriptions in compliance with the Americans with Disabilities Act and other employment laws;

Assisted numerous employers in preparing leave policies in compliance with Family Medical Leave Act and worker compensation statutes;

Assisted numerous employers in preparing sexual harassment policies;

Assisted hotel in preparing and setting-up a drug testing program;

Provided counseling for a business association on key employment bills pending before the Puerto Rico Legislature;

Provided counseling and legal advice to medical school regarding wages and benefits of its staff;

Preparation of employee manual and rules of conduct for leading manufacturing company in Ponce;

Assisted Hotel in establishing search and inspection policies on its premises.

Employment Contracts/ Discipline & Discharge

Preparation of an employment contract for presidents of various financial institutions;

Provided counseling to the board of directors of a financial institution regarding certain irregular activities undertaken by its president and shareholder;

Provided counseling to a business association in Ponce regarding internal labor/employment matters;

Preparation of non-compete and confidentiality agreements for executives of various industries;

Represented artist management company in the termination of contracts.

Provided counseling and strategic solutions to a services company dealing with workers suspected of embezzling company funds.
 
Litigation & Legal Defense

Successfully obtained a million dollar judgment on behalf of a financial institution against a former member of the board suspected of embezzlement;

Have litigated to conclusion thousands of state and federal claims, including over thirty bench trials on issues such as wrongful discharge, age discrimination, ERISA, sexual harassment, ADA, retaliation, sex discrimination, wage & hours, contracts, tort-insurance among other claims; and favorably concluding matters in the vast majority of cases;

Successfully defended Hotel management company against lawsuit for alleged breach of contract;

Was granted removal to federal court and dismissal of several ERISA claims against U.S companies ;

Obtained the dismissal of numerous age discrimination cases in federal and state courts for banks, hospitals and retail operations;

Obtained dismissal of ADA and COBRA claims against supermarket chain;

Obtained relief of judgment in federal court against president of a foreign corporation and it’s president;

Obtained dismissal of a wrongful discharge and discrimination claim for board of directors of a non-profit religious organization;

Counseled and provided legal defense to a Fortune 500 company on a labor Department Investigation dealing with wage and hour issues;

Provided counseling and/or legal defense to numerous government agencies in Puerto Rico including the Aqueduct and Sewer Authority, the State Insurance Fund Corporation (Workers Compensation), the Solid Waste Authority and the Department of Health;

Provided legal advise and logistical support to employer in discharging employee suspected of embezzling company funds; coordinated with management, outside accountant and local enforcement authorities the filing of criminal charges;

Coordinated with management and federal agents in handling casino employees later charge with fraud;

Traditional Labor Law

Participated and/or led successful anti-union campaign and elections on behalf of employers in San Juan, Carolina and other cities;

Provided representation and legal defense to hotels, hospitals, and other employers in over 200 labor arbitrations (contract dispute, benefits, and discipline), favorable settling or prevailing in the majority of them;

Provided counseling contingency plans and strategic solutions to a manufacturing facility in response to a strike fraught with violence;

Successfully represented employers in collective bargaining negotiations with unions such as the Teamsters and the Union General de Trabajadores (UGT);
 
Successfully defended hotels, hospitals and manufacturing facilities in proceedings before the National Labor Relations Boards including unfair labor charges (failure to bargain in good faith, terminating employees engaged in protected activities) and unit clarification issues.