Johan W. E. Maitland

Johan W.E. (John) Maitland represents employers on a wide variety of labor and employment law issues. Combining his legal training with his Senior Professional in Human Resources (SPHR) certification, John works with clients to develop solutions that integrate (i) legal compliance, (ii) good human resource practices and (iii) strategic alignment with the organization’s mission. John knows the practical and legal considerations of both non-union and unionized workforces, and he is able to help employers identify and implement effective resolutions to difficult problems.

On a daily basis, John counsels employers on managing difficult employee issues. These situations include responding to allegations of harassment, dealing with employees who are unable to return to work or handling complicated performance issues.

John also assists employers in preparing for and managing significant reorganizations. Recently, John helped two regional employers manage the employee relations issues during a complicated merger, working proactively with senior management to identify and resolve issues before they turned into problems. When a local non-profit organization faced a union-organizing drive, John worked closely with the board of directors and the executive director to plan an effective response that resulted in an election victory for the employer.

When an employer has a unionized workforce, John provides daily labor relations advice to assist the employer in maintaining an effective and strategic relationship with the union. He also participates in collective bargaining sessions and represents employers in unfair labor practice proceedings. John recently represented a national employer in an unfair labor practice case against a union that had fined employees for following the instructions of their supervisor. This matter resulted in a decision by the National Labor Relations Board (349 NLRB No. 55) and provides significant relief to employers who are faced with aggressive union business agents who threaten to fine union members for following the work directions of their supervisors.

John also handles arbitrations for national and regional clients in the health care, manufacturing and utility industries. In a recent arbitration, John defended a regional utility against a contract violation claim relating to employee scheduling issues.

To help employers train their managers, John provides engaging and interactive presentations on effective performance management, sexual harassment, and numerous other employment-related issues. He recently trained the managers of a multi-national manufacturing company on dealing with disabilities and protected leaves in the workplace.

John is listed as a leading lawyer in Vermont for Labor & Employment in Chambers USA: America's Leading Lawyers for Business. According to this authority, John's "background in HR allows him to guide and support management in a practical manner.” Chambers has described John as “responsive and approachable,” one who “leaves clients feeling cared-for and impressed.” “He is able to juggle complex Vermont laws regarding leave of absence queries and sources appreciate his handling of sensitive matters,” the 2007 edition concluded.

John is a director of the SHRM Vermont State Council.

Before entering private practice, John clerked for the Honorable Denise R. Johnson of the Vermont Supreme Court.

John is the past president of the board of directors of the United Way of Chittenden County, and he worked closely with the organization to develop an “impact agenda.”

John is also involved with the Working Bridges project, which helps employers develop successful strategies for low income employees.

John regularly presents to human resources organizations all over the region. These presentations include general legal updates and also more specific subjects like Protected Leave, FLSA Compliance or NLRA Supervisor Status.

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