Richard A. Braden

Richard A. Braden

Partner

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Richard 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. Rick 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.

Rick 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 member of the firm's Labor and Employment Practice Group, Rick 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

Rick 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.

Honors
  • Named to the Business First's Who's Who in Law
  • Robert J. Connelly Trial Technique Award
Professional Affiliations
  • Chair, USLAW Network's Employment and Labor Law Practice Group
  • Defense Research Institute Employment and Labor Law Steering Committee; Co-Chair of the May 2012 Employment and Labor Law Conference
  • Defense Research Institute: Employment Law Committee: 2012 Annual Program Committee Vice Chair; 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
  • Bar Association of Erie County: Labor and Employment Committee and Commercial and Bankruptcy Committee
  • Labor and Employment Relations Association
Admitted to Practice
  • New York
  • U.S. District Court, Western, Northern, Eastern, Southern Districts of New York
  • U.S. Bankruptcy Court, Western District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Eighth Circuit
Education
  • State University of New York at Albany, B.A., cum laude, 1988
  • State University of New York at Buffalo, School of Law, J.D., magna cum laude, 1995
Publications/Presentations
  • Author, "EEOC Adopts Plan to Address Systematic Discrimination in the Workplace," www.dritoday.org, March 8, 2012
  • Presenter, "USLAW EduNet Webinar for the Employment & Labor Law Group," Webinar, Feb. 14, 2012. Click here to view the webinar.
  • Panelist, “’Hey! It's MySpace’ . . . Managing Today's Electronic Workplace,” Chicago, IL, Sept. 24, 2011
  • Panelist, “What Changes May Employers Expect from the NLRB,” Colorado Springs, CO, October 9, 2010
  • Presenter, "New York Wage and Hour Employment Law Update," ADP Wage and Hour Seminar, May 2010
  • 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
  • Presenter, "What Employers Need to Know About Severance and Separation Agreements," Job Service Employer Committee, Inc. Seminar, April 2007
  • Co-Author, "Employer Held Immune from Liability for Damages Resulting from Threats Made by Employee Through his Work Computer," The Job Description, DRI, Spring 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," The Job Description, DRI, Fall 2006 
  • Author, "Personal Jurisdiction Over Non-Residents Via Internet Activity," Albany County Bar Association Newsletter, June 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, "Employment Law, A State-by-State Compendium," Defense Research Institute, 2006 
  • Presenter, "Anti-Harassment Training Presentations for Evans-Brant School District Employees," September 2005 
  • Co-Author, "Arbitrary and Capricious Judicial Review: Heightened or Lowered Standard of Late?" Life, Health and Disability News, DRI, Fall 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 
View Publications/Presentations