Shawn D. Fabian is an associate in the Labor and Employment Practice Group in the firm’s Chicago and New York offices. Mr. Fabian regularly represents management-side clients before federal and state courts across the country, and before administrative agencies including the DOL, EEOC, NLRB and various state and municipal human rights commissions and labor agencies. He also regularly represents clients in arbitrations and other avenues of alternative dispute resolution.
Mr. Fabian has significant experience analyzing the enforceability of restrictive covenants and structuring enforceable restrictive covenants to protect his clients’ business interests, and he prosecutes and defends actions across the country involving the enforcement of non-compete, non-solicit, and other restrictive covenants, as well as misappropriation of trade secrets claims under the Uniform Trade Secrets Act and the Federal Defend Trade Secrets Act.
His litigation experience also includes defense of collective and class actions alleging misclassification and other wage and hour claims, defense of multi- and single plaintiff cases alleging discrimination, retaliation, and sexual harassment, and defense of whistleblower claims.
Mr. Fabian regularly counsels domestic and international clients on day-to-day workplace issues, such as preparation, administration and enforcement of personnel policies, reductions-in-force, executive and employee discipline and separation, leaves of absence, and reasonable accommodations.
Mr. Fabian is well-versed in conducting complex internal investigations and audits on behalf of his clients. His investigations range from issues affecting the entirety of a client’s workforce that require scores of interviews of employees at all levels of the corporate hierarchy to issues affecting small departments or complaints of a single employee. Mr. Fabian ensures efficiency and minimal disturbance to his clients’ operations during the course of an investigation.
Relatedly, he is well-versed in conducting investigations and audits in response to inquiries from various regulatory agencies and institutions including JCAHO and ACGME. He also conducts interactive trainings on issues such as recruitment, sexual harassment, discrimination, bullying and other workplace behavior, discipline, and general legal compliance.
Mr. Fabian works closely with the firm’s Corporate Practice Group on mergers and acquisitions to evaluate the labor and employment liabilities associated with a specific transaction, develop pragmatic, business-oriented solutions to issues that arise during the course of fast-paced transactions, and structure sophisticated executive employment, separation and retention bonus agreements in connection with such transactions.
Mr. Fabian joined the firm after serving as Chief Counsel for Labor and Employee Relations for a nationally recognized hospital in New York City. Previously, he served on the staffs of a U.S. Senator and U.S. Congressman in Washington, D.C.
- J.D., New York Law School
- B.A., George Washington University
- New York
- United States District Court for the Northern District of Illinois
- United States District Court for the Eastern, Southern, and Western Districts of New York
- Member, Chicago Bar Association
- Member, Illinois Association of Healthcare Attorneys
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