In Honduras, labor regulation has been clearly influenced by historical events such as the strike of 1954, political agendas, and the constitutional mandate to ensure a balance between the economic factors of production. As a result, much of the regulation and jurisprudence is inclined towards the protection of employees who are viewed as the weak link in labor contracts.
In many cases, this particular conception comes at a high cost for employers who face the risk of complex and time consuming litigation that, if lost, entitles employees to recover lost wages from the date of termination to the date of the final court ruling, in addition to other constitutionally recognized rights.
At K&M Abogados, avoiding costly employment litigation is our primary objective in advising clients. To that end, we audit, draft employee handbooks, develop and update personnel policies and train clients to deal with sensitive workplace problems, including sexual harassment, substance abuse and employee privacy, among others. We also provide counseling on employee discipline and discharge and we represent clients in negotiating and drafting employment agreements, restrictive covenants, confidentiality agreements, severance agreements, stock option plans and incentive bonus plans.
In those cases were litigation is unavoidable, our lawyers regularly defend clients against claims of wrongful termination and breaches of employment contracts, and the increasingly common claims of defamation and intentional infliction of emotional distress stemming from a termination or employee discipline. We provide both defense and prosecution of claims relating to breaches of restrictive covenants, improper disclosure of trade secrets and proprietary information and unfair competition by former employees.
Our Practice is comprised of prominent attorneys with a vast experience in the application of Honduran Labor Law Statutes and regulations. Some of our partners and associates are recognized leading experts in this field and regularly offer seminars and training sessions for employers, including those governing union avoidance, wage and hour issues, employment discrimination, sexual harassment and interpretation of applicable employment statutes.