Richard A. Braden
Partner
Richard Braden is a trial attorney who represents businesses in a wide variety of matters related to commercial litigation and employment law. His broad range of experience representing clients before administrative agencies and in state and federal court includes employment discrimination lawsuits, employee benefits litigation, and complex commercial cases. Rick 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. 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.
Related Areas
Experience Highlights
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 claims including:
- Sexual harassment and gender discrimination
- Age, race, and disability discrimination.
Honors & Awards
Martindale-Hubbell Peer Review Rating: AV Preeminent
Upstate New York Super Lawyers, 2015–20
Business First‘s Who’s Who in Law
Admissions
- New York
- U.S. District Courts for the Western, Northern, Eastern, Southern Districts of New York
- U.S. Bankruptcy Court for the Western District of New York
- U.S. Courts of Appeals for the Second, and Eighth Circuits
Education
- State University of New York at Buffalo Law School, J.D., magna cum laude, 1995
- Robert J. Connelly Trial Technique Award
- State University of New York at Albany, B.A., cum laude, 1988
Professional Affiliations
- Defense Research Institute
- Employment and Labor Law Steering Committee
- Employment and Labor Law Conference Program Chair, 2013
- Employment and Labor Law Conference Co-Chair, 2012
- USLAW Network (former member)
- Employment and Labor Law Practice Group: Past Chair
Publications & Events
- Author, “EEOC Adopts Plan to Address Systematic Discrimination in the Workplace,” DRI Today, March 8, 2012
- 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
- 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,” DRI, 2006
- Co-Author, “Arbitrary and Capricious Judicial Review: Heightened or Lowered Standard of Late?” DRI Life, Health and Disability News, Fall 2005
- Presenter, “Settlement Strategies,” 2014 USLAW Network Employment & Labor Law Exchange, Jersey City, NJ, June 17, 2014
- Presenter, “After the Gold Rush — The NLRB’s Continued Intrusion Into the Non-Union Workplace,” USLAW Network Client Conference, San Francisco, September 18–20, 2014
- 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
- 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
- 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
- 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
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