Manager Sales

AMY L. BERECEK

**** ******* ****** **********, ** 15201 412-***-**** ********@*****.***

EXPERIENCE

Amy L. Berecek, Attorney-at-Law, Pittsburgh, PA

Freelance Employment Attorney, September 2011 – present

Advise clients on employment matters on a freelance basis. Recent projects include:

o Guiding a manager through employment termination of employee on medical leave;

o Advising a company president on hiring a sales manager under n on-competition restrictions and

responding to competitor’s cease and desist letter;

o Drafting and reviewing employment agreements; and

o Assisting a growing company with improving its policies and procedures and revising its handbook.

Represent claimants in unemployment compensation hearings on a pro bono basis. Currently representing a

claimant on appeal after helping him obtain benefits at referee level.

Thorp Reed & Armstrong, LLP, Pittsburgh, PA

Associate Attorney, Labor and Employment, July 2006 – February 2010

HR Counseling and Compliance

Primary contact on employment issues for over 25 clients in a variety of industries.

Advised clients proactively on best employment practices, identified areas of weakness, and helped implement

new policies, procedures and programs.

Counseled frontline supervisors to executive managers in all aspects of the employment life cycle, including:

o Hiring, performance, discipline, and individual and group termination decisions;

o Reductions in force and mergers and acquisitions;

o Medical accommodation and leave of absence under FMLA, ADA, and STD;

o Discrimination, harassment and retaliation issues under Title VII, ADA, ADEA and state laws;

o Wage and hour issues under FLSA and state laws (overtime, vacations, commissions, wage payment);

o Document retention;

o Workplace safety under OSHA and workers’ compensation;

o Military issues under FMLA and USERRA; and

o Restrictive covenants.

Investigated employee complaints of harassment, discrimination, retaliation and ethics violations.

Presented anti-harassment and anti-discrimination training to supervisory and non-supervisory employees.

Crafted and interpreted policies and handbooks for employers with operations in multiple states.

Drafted and revised all types of employment related documents, including:

o Executive employment agreements and independent contractor agreements;

o Offer letters and job descriptions;

o Confidentiality agreements, non-competition agreements and intellectual property agreements;

o Commission and bonus plans;

o Disciplinary documentation and performance plans; and

o Termination letters and separation agreements.

Composed affirmative action plans and advised clients regarding OFCCP affirmative action compliance.

Employment Litigation and Administrative Charges

Handled 100+ discrimination, harassment and retaliation matters before EEOC and state and lo cal agencies

across the country. Achieved dismissal or settlement in all agency matters.

Defended employers in employment litigation cases before federal and state courts at appellate and trial level.

o Claims included harassment, discrimination, retaliation, unfair competition, breach of contract,

tort, wage payment, and overtime violations.

o Acted as lead trial counsel in 3 cases; had significant responsibility others, including:

Analysis and strategy;

Drafting pleadings, written discovery, motions and briefs;

Preparing document production including e-discovery;

Advising on litigation holds;

Preparing witnesses and taking depositions, including plaintiffs’ depositions;

Communicating with clients, the court, and opposing counsel;

Negotiating cost-effective settlements;

Participating in mediations; and

Arguing oral motions.

o High success rate in obtaining summary judgment.

Represented employers in unemployment compensation proceedings from hearings through appeals.

Labor Relations

Represented management in grievance arbitrations.

Advised management regarding interpretation of collective bargaining agreements, labor law compliance and

union avoidance.

Firm Matters/Management Experience

Managed litigation, business development, and research projects. Planned strategy, budgets and deadlines,

allocated resources, and oversaw performance of junior associates, paralegals and legal secretaries .

Monitored and addressed problems with associate satisfaction as member of firm’s Associate Committee.

Advised firm on legal ramifications of confidential internal personnel matters.

Presented training seminars for firm attorneys, continuing legal education, and small business group s.

Represented clients in pro bono matters including protection from abuse hearings and negligence litigation.

Cohen & Grigsby, P.C., Pittsburgh, PA

Associate Attorney, Labor and Employment, September 2004 – July 2006

Law Clerk, January – April 2004; Summer Associate, May – August 2003

Advised clients in all aspects of labor and employment law compliance.

Drafted EEOC position statements, policies, agreements, and advisory memorandums.

Represented clients at mediations and unemployment compensation hearings.

EDUCATION

University of Pittsburgh School of Law, Pittsburgh, PA

Juris Doctor, magna cum laude, May 2004

Topics Editor, University of Pittsburgh Law Review; Order of the Coif

President, Pitt Law Women’s Association

o Led women’s advocacy organization with hundreds of members.

o Planned annual event honoring a woman dedicated to advancing civil rights.

o Managed budget and obtained grants to fund activities.

Legal Writing Teaching Assistant

o Presented classroom instruction on legal research and blue book skills.

o Mentored and advised 1L students regarding legal writing, research and oral argument skills.

Allegheny College, Meadville, PA

Bachelor of Arts in Political Science, magna cum laude, May 2001

Pi Sigma Alpha Honor Society; Alden Scholar, 1997 – 2001; Distinguished Alden Scholar, 1999

Gertzog Award (Best Senior Project in United States Politics) for 125 page research project examining the

effectiveness of transferring juveniles to criminal court jurisdiction

PUBLICATIONS

Author, The Special Problem of the “Younger Older” Worker, 65 U. Pitt. L. Rev. 335 (2004)

Contributory Author, Employment Law Chapter of American Bar Association’s Annual Review of

Developments in Business and Corporate Litigation (2004, 2005)

Co-Author, Ready or Not, Here They Come: OFCCP Signals Heightened Enforcement Efforts With New

Internet Applicant Regulations Taking Effect, Cohen & Grigsby Review (2006)

Author, Compliance with Allegheny County Smoking Ban, Thorp, Reed & Armstrong Communiqué (2007)

Author, Loaded Interview Questions That Can Land Employers in a Load of Trouble: Avoid Common Pitfalls

of Interviewing, Thorp, Reed & Armstrong Communiqué (2007)

Quoted regarding employment discrimination against little people, Todd Gallagher, Andy Roddick Beat Me

with a Frying Pan: Taking the Field with Pro Athletes and Olympic Legends to Answer Sports Fans' Burning

Questions (2007)

Author, No Puffing at Work: 5 Steps Employers Should Take to Comply with Pennsylvania’s Smoking Ban,

Dynamic Business Magazine (2008) and Thorp, Reed & Armstrong Communiqué (2008)

Quoted, Steve Bruce, 9 Legal Landmines for Untrained (and Maybe Trained) Interviewers, HR Daily Advisor

(2008)

COMMUNITY ORGANIZATIONS

Member, Board of Directors, Mental Health America Allegheny County, 2007 to 2010

o Engaged in fund-raising; contributed to strategic plan; counseled Executive Director on HR matters.

Secretary and Member, Board of Directors, Mental Health Association Legal Services, 2007 to 2010

o Maintained board minutes; engaged in fund-raising; assessed needs of small, cash-strapped legal aid

organization and strategized ways to grow; counseled Board Chair on HR matters.

CAREER BREAK

Voluntarily resigned job to travel through 26 countries in Europe, Africa, Asia and New Zealand from March

2010 to May 2011. Planned logistics of travel within budget. Created travel blog to write about experiences.

Became adept at adapting to changing and unfamiliar situations and interacting and negotiating with people

from diverse cultures.

PROFESSIONAL LICENSE

Licensed to practice law in Pennsylvania

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