Richard A. Braden

Richard A. Braden, a partner of the firm, is a trial attorney who represents business corporations in a wide variety of matters related to commercial litigation and employment law.  Mr. Braden combines comprehensive knowledge of business law with a keen understanding of today's corporate legal environment and the wide array of issues that regularly confront employers.

He has a broad range of experience in representing clients before administrative agencies and in state and federal courts, including employment discrimination lawsuits, employee benefits litigation, and complex commercial cases.  He has tried numerous cases involving the protection of intellectual property, contract disputes, fraudulent conveyances, breach of fiduciary duty claims, insurance coverage issues, and unfair competition/trade secret matters.

A co-chair of the firm's Employment Law Practice Group, Mr. Braden regularly counsels employers on all aspects of the employment relationship, including:

• hiring, discipline, promotion and discharge of employees
• drafting employee manuals/handbooks
• developing practices, policies and procedures
• negotiating and drafting separation/severance agreements
• analyzing wage and hour issues
• complying with the broad spectrum of federal, state and local employment laws and regulations

Mr. Braden has successfully defended employers against unfair labor practice charges, claims of sexual harassment and gender discrimination, and allegations relating to age, race and disability discrimination.  He has also written extensively on employment law issues, such as the fundamentals of hiring and firing and the proper planning and implementation of reductions in force.

A magna cum laude graduate of the State University at Buffalo School of Law, Mr. Braden has been named to Business First's Who's Who in Law.


Phone
716.566.5436
Fax
716.566.5401
E-mail
rbraden@goldbergsegalla.com
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Practice Areas

• Defense Research Institute
•  Employment Law Committee    
• Chair, Trial Tactics Subcommittee  
•  Life, Health and Disability Committee
• American Bar Association
• New York State Bar Association
• Commercial and Federal Litigation Section
• Labor and Employment Law Section
• Western New York Trial Lawyers Association
• Erie County Bar Association
• Labor and Employment Committee
• Commercial and Bankruptcy Committee
• Labor and Employment Relations Association

Publications and Presentations

• Presenter, "New York Wage and Hour Employment Law Update," ADP Wage and Hour Seminar, May, 2009
• Presenter, "Fundamentals of Employee Discipline/Discharge in NY," Buffalo Niagara Human Resources Association and the Partnership's Compelling Place to Work Series, September, 2008 
• Co-Author, "An Employee or Not an Employee?  That is the Question - Companies Continue to Suffer the Slings and Arrows of Independent Contractors," Spring, 2008
• Presenter, "Avoiding Liability in the Interviewing, Hiring, and Firing Process," Job Service Employer Committee, Inc. Seminar, January, 2008; October, 2006 
• Presenter, "Preventing and Defending Harassment and Retaliation Claims," Society of Human Resources Management (Pennsylvania/New York Border Chapter), October, 2007
• Co-Author, "Employer Held Immune from Liability for Damages Resulting from Threats Made by Employee Through his Work Computer,"  DRI, The Job Description, Spring, 2007
• Presenter, "What Employers Need to Know About Severance and Separation Agreements," Job Service Employer Committee, Inc. Seminar, April, 2007
• Author, "Employers Beware – The EEOC and the Courts are Clamping down on Unclear and Overly Broad Waiver and Release Language Contained in Employee Severance Agreements,"  DRI, The Job Description, Fall, 2006 
• Author, "Personal Jurisdiction Over Non-Residents Via Internet Activity," Albany County Bar Association Newsletter, June, 2006
• Co-Author, "Employment Law, A State-by-State Compendium," Defense Research Institute, 2006 
• Presenter, Handling Employee Leaves of Absence - An Employer's Guide, Job Service Employer Committee, Inc. Seminar, February, 2006
• Presenter, Preventing a Hostile Work Environment, Job Service Employer Committee, Inc. Seminar, January, 2006
• Co-Author, "Arbitrary and Capricious Judicial Review:  Heightened or Lowered Standard of Late?" DRI, Life, Health and Disability News, Fall, 2005
• Presenter, Anti-Harassment Training Presentations for Evans-Brant School District employees, September, 2005 
• Presenter, "Fundamentals of Employee Discipline and Discharge in New York," University of Buffalo Center for Entrepreneurial Leadership, (Class of 2003), February, 2005
• Presenter, "Family and Medical Leave Act in New York," Lorman Education Services Seminar, April, 2004
• Presenter, "Severance Agreements," Erie County Bar Association Noon Day Presentation, March, 2004
• Presenter, "Employee Discharge And Documentation in New York," Lorman Educational Services Seminar, June, 2003 
• Presenter, "Selecting and Terminating Employees in New York," National Business Institute Seminars in Buffalo and Rochester, New York, August, 2002  
• Presenter, "Writing the Employee Handbook in New York," Lorman Education Services Seminar, March, 2001
• Presenter, "Handling the Unemployment Insurance Process," Lorman Education Services Seminar, August, 2000 

 Honors 

• Named to the Business First's Who's Who in Law
• Robert J. Connelly Trial Technique Award