Attorney Directory: Brian L. McDermott

For over 15 years, Mr. McDermott has dedicated himself to representing and providing advice to public and private employers on a variety of labor and employment issues, including the FMLA, ADA, Title VII, ADEA, ERISA, FLSA, NLRA, covenant not to compete/trade secret matters, wage claims, and wrongful discharge. He has represented employers in federal and state courts, labor arbitrations, and administrative agencies (including the EEOC and NLRB) in numerous states, including Indiana, Illinois, Iowa, Michigan, Minnesota, Missouri, New Jersey, Ohio and Pennsylvania. He also has argued before the United States Court of Appeals for the Seventh Circuit on multiple occasions.

Because of his belief that providing employee training and avoiding litigation, where appropriate, is key to a successful employment relationship, Mr. McDermott devotes a substantial portion of his practice to litigation avoidance and counseling. To this end, he works with employers to provide valuable employment training, including sexual harassment, hiring/interviewing, employee terminations, union avoidance, diversity, and FMLA training. He also assists employers in developing employee handbooks, personnel policies, employment contracts, noncompete agreements, severance agreements, and other employment-related documents.

Mr. McDermott was named in the Best Lawyers of America in 2005-07, selected as an Indiana Super Lawyer in 2005-07, and identified as a leading labor and employment lawyer in Chambers USA America's Leading Business Lawyers in 2004-06.

Mr. McDermott also is proud to have partnered with the Indiana Chamber in preparing and developing the following employer guides: Religion in the Workplace: A Guide for the Indiana Employer (2006); The Interviewing Guide: Designed to Assist Indiana Employers with Hiring and Retaining Employees (2006); Employer's Guide to the FMLA Guide: Everything Indiana Employers Need to Know About the FMLA (2005).

Mr. McDermott serves as a Chapter Coordinator for the nationally-recognized publication, "How Arbitration Works," Alan Miles Ruben, et al eds, BNA Books (6th edition 2003 and Supplement). Some of his other publications and speaking engagements include: "Labor and Employment Laws Under the Bush Administration," "Time Off: State and Federal Laws on Employee Leave, Vacations, and Holidays in Indiana," "Taming the Three-Headed Monster: FMLA, ADA and Workers" Compensation," "Diversity in the New Millennium," and "Workplace Harassment for Supervisors - - It's Not Just About Sex Anymore."

Mr. McDermott was honored to serve as law clerk to the Honorable Donald J. Porter, United States District Judge for the United States District Court of South Dakota from 1991 to 1992.