Practice Focus
Eric Jones represents employers in a broad range of matters, including the defense of employment disputes before state and federal courts and enforcement agencies. He has extensive experience defending employers in lawsuits and administrative proceedings involving claims of sexual harassment, discrimination, wrongful discharge, wage & hour and leave law violations. Eric handles labor-relations disputes, such as unfair labor practice (ULP) proceedings before the National Labor Relations Board and labor arbitrations. He also counsels employers in establishing employment practices and policies and handling day-to-day human resources issues.
Eric also represents businesses and individuals in commercial disputes, including contract, fraud, unfair trade practices, trade secret, and business torts litigation. Before joining DRM, Eric practiced employment law and complex commercial litigation in Norwich, Vermont.
Significant Matters
Recently, Eric won summary judgment in favor of a national window and door manufacturer in a federal court lawsuit alleging wrongful discharge, age discrimination, intentional infliction of emotional distress and worker's compensation retaliation brought by a former employee who had been discharged for violating the company's safety policies.
Eric obtained summary judgment orders on behalf of a major elevator company in two lawsuits filed in federal court in Chicago alleging age discrimination after a reduction in force.
Eric successfully handled a complex dispute concerning a national apprenticeship program for the elevator industry. He represented three major elevator companies in a series of eleven legal proceedings (including four federal court litigations, four proceedings before the National Labor Relations Board and three arbitrations) concerning the proper operation of the apprenticeship program, the rights of companies to hire new apprentices and the authority of local Joint Apprenticeship Committees.
Eric also won summary judgment in federal court on behalf of a national gum and confection company in an overtime compensation claim brought under the Fair Labor Standards Act by a former employee. The court granted the motion and dismissed the FLSA claim finding that the Motor Carrier Act exemption applied and foreclosed recovery.
Eric defended a British software company and four senior engineers in a trade secret misappropriation lawsuit based upon the “inevitable disclosure” doctrine. After a full evidentiary hearing, the court denied the plaintiff’s request for a preliminary injunction and the plaintiff ultimately withdrew the lawsuit.
Publications/Presentations
Eric lectures on employment law, and is a contributing editor to several treatises concerning employment law and related subjects:
Contributing Editor, Covenants Not to Compete, A State-By-State Survey (BNA, ABA Section of Labor and Employment Law, Fifth Ed., Supp. 2009)
Contributing Editor, Trade Secrets, A State-By-State Survey (BNA, ABA Section of Labor and Employment Law, Third Ed., 2008)
Contributing Editor, Employee Duty of Loyalty, A State-By-State Survey (BNA, ABA Section of Labor and Employment Law, Third Ed., Supp. 2009)
Contributing Editor, Tortious Interference In The Employment Context, A State-By-State Survey (BNA, ABA Section of Labor and Employment Law, Supp. 2009)
Vermont Chapter in 50-State Survey of Employment Defamation and Privacy Law (Libel Defense Resources Center, ed., Dec. 1998 & Supp. 2002)
Legal Brief, “Trade Secrets,” Valley Business Journal (Nov. 2000)
Legal Brief, “Sexual Harassment & Employee Privacy,” Valley Business Journal (Nov. 1999)
Research and writing assistant for “Insurance Coverage Issues Specific to Products Liability,” in Products Liability in New York; Strategies and Practices (New York Bar Association, ed., 1997)
Reported Cases
International Union of Elevator Constructors, Local 8 and National Elevator Bargaining Association (Otis Elevator Company), 355 NLRB No. 13 (2010) (represented bargaining association and a major elevator company in a work jurisdiction dispute before the NLRB in San Francisco)
Neronsky v. JELD-WEN, inc., 2009 WL 3930205 (D. Vt. 2009) (summary judgment in favor of a window and door manufacturer in a multi-count discrimination and wrongful termination lawsuit)
Hinko v. Schindler Elevator Corp., 91 Empl. Prac. Dec. P 43,207 (N.D. Ill. 2008) (obtained summary judgment in an age discrimination lawsuit against a major elevator company arising from a reduction in force in Chicago)
International Union of Elevator Constructors, Local 2 and Architectural & Ornamental Iron Workers ,Local 63 (KONE, Inc.), 349 NLRB No. 112, 182 LRRM 1061 (2007) (represented major elevator company in work jurisdiction dispute between competing unions at the Trump Tower project in Chicago)
Architectural & Ornamental Iron Workers Local 63 v. I.U.E.C. Local 2 and KONE, Inc., 475 F.Supp. 2d 757 (N.D. Ill. 2006) (represented major elevator company in action to enforce a trade council arbitration award)
In the Matter of the Liquidation of the Home Insurance Co., 154 N.H. 472, 913 A.2d 712 (2006) (represented policy-holder in international re-insurance dispute arising from the liquidation of a large insurance company)
Sigler Foundation v. Town of Norwich, 174 Vt. 129 (2002) (represented educational foundation in property tax dispute)
Watergate West, Inc. v. Barclays Bank, S.A., 759 A.2d 169 (D.C. 2000) (represented an international bank in a commercial dispute arising from a condominium foreclosure)
Guiel v. Allstate Insurance Co., 170 Vt. 464, 756 A.2d 777 (2000) (represented insurer in the case where Vermont recognized the “common fund” doctrine)
Galloway v. Chicago-Soft, Ltd., 713 A.2d 982, 4 Wage & Hour Cas. 2d (BNA) 1218 (N.H. 1998) (commission dispute under New Hampshire’s wage payment statute)
Cooper v. New York State Office of Mental Health, et. al., 162 F.3d 770 (2d Cir. 1998) (age discrimination lawsuit involving a challenge to Congress’ constitution power to abrogate state sovereign immunity)