Allan.Weitzman

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Bio: 

 

Allan H. Weitzman is a Florida Supreme Court Certified Circuit Court Mediator and Florida Bar Board Certified Labor and Employment Attorney – a combination of specialized certifications that are held by very few others.  He is the Founder of Weitzman Arbitration & Mediation Services LLC. 

Allan retired from the practice of law on October 31, 2017.  Prior to his retirement, all of those 44+ years were at the Proskauer law firm, where Allan was first a summer associate, then an associate and ultimately a partner in Proskauer’ s Labor & Employment Law Department, where he also served as head of the labor and employment team in Proskauer’ s Boca Raton office for 23 years after his 21 years in Proskauer’ s New York Office.  He also was co-head of the Disability, Accommodations & Leave Management Group, co-head of the Policies, Handbooks & Training Group and co-head of the Non-Compete and Trade Secrets Practice Group. 

During his career, Allan’s practice was multifaceted. Much of the time he was either litigating in state or federal court at the trial and appellate levels. He also appeared before administrative agencies responsible for the enforcement of the numerous antidiscrimination laws and before the National Labor Relations Board. His experience includes negotiating collective bargaining agreements and arbitrating contract disputes. In addition, Allan provided valuable day-to-day and crisis advice to clients in a wide range of businesses and industries, including retailers, banks, office supply companies, insurance, securities, health care, investigators, lodging and gaming, restaurants, television networks, high end fashion design, maritime, charitable organizations, public utilities, sports and entertainment, beer distributors, not-for-profits, importers, manufacturing facilities, staffing companies, construction, aerospace, transportation, higher education, museums, technology, country clubs and airlines. On any given day, the scope of his practice included personnel policy planning, sexual harassment and avoiding litigation when terminating employees.

Corporations also called upon Allan when their former employees engaged in conduct that violated their non-compete agreements. In that regard, Allan took a case all the way to the Supreme Court of Florida and successfully argued that a successor employer can enforce a non-compete agreement signed with a former employer, even when the agreement does not contain a successors and assigns clause and where the employees have not consented to its assignment (Corporate Express Office Products, Inc. v. Phillips, 2003 WL 1883697 (Fla. April 17, 2003)).

On behalf of the Society for Human Resource Management (“SHRM”), Allan and his partner, Paul Salvatore, submitted the amicus brief to the U.S. Supreme Court in Faragher v. City of Boca Raton. The employer's “affirmative defense” that was adopted by the Supreme Court in Faragher was based on the argument made by Allan and Paul that employees who bypass an employer's internal complaint procedure should not benefit from a strict liability standard.  Allan also co-authored SHRM's amicus brief in Chapman v. AI Transport, in which he successfully argued that an employer's subjective impressions could be used as valid criteria in its employment decisions. In 2004, Allan co-authored another Supreme Court amicus brief on behalf of SHRM. This time his arguments in the Suders case persuaded the Court to conclude that a constructive discharge was not necessarily a tangible employment action that would deprive an employer of the availability of the Faragher affirmative defense.

Allan was named three times by Best Lawyers as “Lawyer of the Year” in Labor Law - Management, Fort Lauderdale (2017), Employment Law - Management, Fort Lauderdale (2016) and Employment Law - Management, Miami (2013).

Allan has earned a first tier Chambers ranking for his outstanding employment law work every year since 2007, naming him “first-class” and a “notable practitioner” who is an “excellent advocate with strong ethics and an unrivalled understanding of business.” He was also described as “amazingly bright” and held out as “bringing the best of both worlds: legal acumen and superb business judgments.” “He gets to the point in the most efficient and effective manner – he has the highest professional standards.”

 

Screen Name: 
Allan H. Weitzman

History

Member for
4 years 1 month

Articles by Allan H. Weitzman

 

 

As a longtime believer in the benefits of massage to overall health, I was intrigued to read about SHRM Exhibitor, Massage at Work.  Particularly interesting to me was the correlation drawn between massage and the reduction of absenteeism and stress levels at work.

While I’m lucky enough to be able to fit massage within my budget, the concept of bringing massage into the workplace as an employee benefit resonated with me.

June 6, 2017

We’re now in the home stretch of my tips for harassment policies and complaint procedures. (It’s not exactly like America Pharoah’s “home stretch” run for the Triple Crown – but close!)

“Pregnancy” as a Protected Characteristic

My first tip creates a very cathartic experience because it forces me to admit that nobody’s perfect, including me.  In my case, the “no-harm/no-foul” rule saved me.  But, there was once a client who wasn’t as lucky.

June 23, 2015

Because the Faragher affirmative defense to illegal harassment grew out of the seeds we planted in my amicus brief for SHRM in the United States Supreme Court, I treat harassment policies and their complaint procedures with extra tender love and care.  If the Human Resource Professional is going to be the gardener who prevents internal harassment complaints from growing into lawsuit weeds, every word in the policy must be chosen with the knowledge that it will be placed under a microscope by your employees, your employees’ a

May 27, 2015

 

Complaint Procedure (With More “Fixes” to Come)
 

On June 29 – for the twenty-first straight year - - I will have the pleasure to share my expertise on handbooks at SHRM’s 2015 Annual Conference.  Over the years, approximately 10,000 SHRM members have walked away with a new way of looking at their handbooks: “every word counts.”

May 12, 2015