Areas of Practice
Industries
Bar Admissions
- Michigan, 1995
Court Admissions
- U.S. District Court, Eastern District of Michigan, 1995
- U.S. District Court, Western District of Michigan, 1996
- U.S. Court of Appeals, 6th Circuit, 1996
- U.S. Supreme Court, 2016
Education
Ohio State University, J.D., magna cum laude
University of Michigan, A.B.
- with high honors
James F. Hermon is a member in Dykema's Labor & Employment practice group. Mr. Hermon's practice focuses upon the defense and trial of employment cases in federal and state courts, as well as counseling, advising and training corporations regarding their obligations under state and federal employment laws.
Mr. Hermon has represented a broad range of clients in a variety of employment and discrimination related matters, including representation in administrative proceedings before the EEOC, defense of lawsuits involving race, national origin, age, and sex discrimination, defense of sexual harassment claims, defense of disability and religious accommodation claims under state and federal law, and the defense and prosecution of claims for alleged violations of covenants not to compete. Mr. Hermon has also assisted employers in the drafting and implementation of employment policies, as well as the negotiation of employment and severance agreements with highly placed corporate executives. Mr. Hermon is also active in the Employee Rights and Responsibilities Committee of the American Bar Association's Labor and Employment Section.
Experience
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Obtained pre-discovery dismissal of Elliott-Larsen Civil Rights Act retaliation claims brought by a university professor asserting that his complaints about the university’s treatment of students protesting against societal racism resulted in his suspension.
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Successfully defended a national retailer against a multi-million dollar harassment claim in which the plaintiff claimed that his attempted suicide was caused by national origin and age-based harassment by corporate management which was not addressed following his complaints.
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Secured $26.2 Million verdict against several former employees and their new employer for theft of trade secrets and violation of confidentiality agreements associated with client’s world-standard engineering software.
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Obtained dismissal of class action allegations of unjust enrichment of corporation that had implemented a health benefit plan requiring employees with records of excessive absenteeism to reimburse the corporation for a portion of the cost of health insurance premiums paid on their behalf.
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Counseled engineering software firm regarding the shutdown of a corporate divisions and the reduction in force necessitated by that closure.
- Obtained dismissal on summary judgment of national origin and retaliation claim brought by discharged professional employee of Tier 1 automotive supplier.
- Obtained unanimous jury verdict in two week trial involving claims by a sales employee for Fortune 100 corporation alleging racial discrimination, harassment, and retaliation as a result of reassignment of his accounts.
- Arbitration award in client's favor on age and gender discrimination claim brought by production employee of Tier 2 automotive supplier.
- Successfully defended sexual harassment and retaliation claim brought by nurse anesthetist working for large health care system alleging that her work environment was permeated with sexual innuendo.
Seminars & Speeches
- December 3, 2020
- September 24, 2020
- September 15, 2020
- May 8, 2020
- April 23, 2020
- March 25, 2020
- March 11, 2020
- October 10, 2019
- January 24, 2019
- June 13, 2018
- Utilizing Internal Investigation to Implement Organizational Change, 43rd Annual ICLE Labor & Employment Law InstituteApril 20, 2018
- June 7, 2017
- Perceived Disability and Fitness for Duty, Institute of Continuing Legal Education 42nd Annual Labor & Employment Law Institute, Northville, MichiganApril 20, 2017
- June 16, 2016
- June 13, 2016
- Noncompetition Agreements: How to Effectively Implement and Avoid Contractual Restrictive Covenants, University of Michigan Labor & Employment Law Institute, Ann Arbor, MichiganApril 14-15, 2016
- Exploring Legal Issues Affecting Employers and Offering Proven Solutions, Dykema Employment Seminar
- The Top Five Personnel Mistakes Employers Make, Presentation to Michigan Library AssociationNovember 2009
- Religious Accommodation In The Workplace, Presentation to ICLE Employment Law BriefingApril 2009
- FMLA Developments, WebinarNovember 2008
- Lessons from the Airwaves, Stay Current and Learn Employment Relations From Your Television, Dykema Employment Law SeminarOctober 2008
- Managing Conflict Between Work Rules and the Law, WebinarAugust 2008
- Workplace Harassment and FMLA Disability Law and Developments, Presenter, Sterling Education SeminarsJune 2007
- It's Against My Religion - Employer Obligations to Accommodate Employee Religious Practices, WebinarAugust 2006
- Six Things Plaintiffs' Attorneys Love to See, Private Employer SeminarJuly 2006
- Finding Employees With The Right Stuff, WebinarMay 2006
- Company Secret? What Secret? How to Protect Your Company's Trade Secrets and Legitimate Business Interests, WebinarApril 2006
- Discovery Landmines, Dykema Employment Law SeminarOctober 2005
- The Top Five Personnel Mistakes Employers Make, WebinarJune 2005
- Top Five Employer Errors In Complying With the FLSA, WebinarApril 2005
Publications
- April 2, 2020Industry Week
- December 2016Michigan Bar Journalhttp://www.michbar.org/file/barjournal/article/documents/pdf4article3013.pdf
- 2010Employment Law Trial Tactics, DRI
- "2008 Update on Nonsolicitation, Noncompete, and Trade Secret Law, Employee Rights and Responsibilities" (Contributor)Committee of the Labor and Employment Law Section of the American Bar Association
- "2007 Update on Nonsolicitation, Noncompete, and Trade Secret Law" (Contributor)Employee Rights and Responsibilities Committee of the Labor and Employment Law Section, American Bar Association
- "2005 Update on Workplace Privacy Law" (Contributor)Employee Rights and Responsibilities Committee of the Labor and Employment Law Section, American Bar Association
- "2004 Update on Workplace Privacy Law" (Contributor)American Bar Association, Employee Rights and Responsibilities Committee of the Labor and Employment Law Section
News
- April 2, 2021
- December 17, 2020
- September 8, 2020
- April 21, 2020
- March 24, 2020
- March 16, 2020
- June 10, 2018
- October 27, 2017
- February 22, 2017
- November 2, 2016
- February 1, 2016
- Transaction Valued at $160 Million; Significant Step in Helping Compuware Accelerate Topline Revenue Growth, Improve Future ProfitabilityMarch 14, 2014
Alerts
- December 17, 2020
- June 15, 2020
- April 6, 2020
- April 6, 2020
- April 3, 2020
- March 30, 2020
- March 27, 2020
- March 19, 2020
- March 16, 2020
- September 24, 2019
- March 21, 2019
- December 14, 2018
- September 7, 2018
- April 4, 2018
- August 31, 2017
- June 7, 2017
- December 20, 2016
- November 23, 2016
- June 28, 2016
- March 15, 2016
- June 4, 2015
- March 20, 2015
- January 8, 2015
- December 19, 2014
- December 11, 2014
- December 9, 2014
- May 28, 2014
- March 7, 2014
- March 16, 2012
- June 14, 2011
- April 11, 2011
- December 22, 2010
- August 12, 2010
- April 30, 2010
Press Releases
- September 18, 2020
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 20, 2020
- Firm Ranked as One of the Top 10 in the Nation for Consumer Class ActionsApril 23, 2020
- August 22, 2019
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 15, 2019
- September 7, 2018
- 13 Attorneys Earn “Lawyer of the Year” HonorsAugust 15, 2018
- 10 Attorneys Receive “Lawyer of the Year” HonorsAugust 15, 2017
- 8-0 Decision clears the way for disabled children to seek justice in their educational systemsFebruary 22, 2017
- November 2, 2016
- 14 Attorneys Receive “Lawyer of the Year” HonorsAugust 15, 2016
- Dykema Pro Bono Client Was Banned From Bringing Service Dog to ClassJune 28, 2016
- 12 Attorneys Receive “Lawyer of the Year” HonorsAugust 18, 2015
- November 20, 2014
- Firm Receives 10 “Lawyer of the Year” HonorsAugust 18, 2014
- Michigan Federal Jury Agrees Former MSC Employees Breached Confidentiality Agreements, Misappropriated Trade Secrets When Hired by CompetitorApril 15, 2014
- Nearly One in Four Dykema Practitioners Earn Distinction; Seven Merit “Lawyer of the Year” HonorsAugust 16, 2013
- More Than One in Four Dykema Practitioners Earn DistinctionAugust 23, 2012
- September 9, 2010
Blog Posts
- EEOC Issues Technical Assistance Regarding Vaccination and Anti-Discrimination Laws
- Michigan Employers and Employees Enjoy New Protections After Governor Whitmer Signs New Laws
- Michigan Issues Emergency COVID-19 Workplace Safety Rules With Immediate Effect
- U.S. Department of Labor Issues Revised Regulations Implementing FFCRA Leaves Following New York Court’s Decision
- U.S. Supreme Court Makes Pride Month History by Holding That Title VII Bars Job Discrimination Against LGBT+ Workers
- Ironing out the Details: The Department of Labor Updates and Adds to Its FFCRA Guidance Faqs
- Michigan Governor Issues Executive Order Creating Protected Class of COVID-19 Positive Employees
- In the Nick of Time: Department of Labor Issues Temporary Regulations Interpreting the Families First Coronavirus Response Act
- As Employers Work Towards Compliance, The Department of Labor Provides Third Guidance Regarding the Families First Coronavirus Relief Act
- Families First Coronavirus Response Act Signed Into Law, Imposing Paid Leave Requirements On Small And Medium Employers Beginning April 2, 2020
- House of Representatives Passes Far-Ranging Paid Sick and Family Leave Legislation for Workers Impacted by COVID-19
- Department of Labor Announces Final Rule Changing Salary Level Tests
- Sixth Circuit Provides Important Employer Guidance in Combating FMLA Abuse
- Michigan Legislature Amends State Minimum Wage and Paid Sick Leave Acts
- United States Department of Labor Announces Regulatory Agenda
- U.S. Department of Labor Revision of Intern Test Provides Clarity to Employers
- New FLSA Regulations Enjoined!
- New Federal Defense of Trade Secrets Act Requires Employers to Re-Examine Employee Confidentiality Agreements
- EEOC Issues Proposal That Would Require Inclusion of Wage and Hour Data in Annual EEO-1 Submissions
- Sixth Circuit Reverses Earlier Opinion Extending Telecommuting As A Widely Available
- NLRB Gives Examples of “Illegal” and “Legal” Handbook Provisions and Work Rules
- Sixth Circuit Refines Heightened Standard Applicable To Discrimination Cases In The Context Of Reduction In Force
- The Statute Apparently Means What It Says -- Supreme Court Grants Victory To Employers Facing Title VII Retaliation Suits
- Genesis Healthcare v Symczyk Validates Potential Defense in FLSA Collective Actions
- Michigan Passes Internet Privacy Protection Act, Joins The Ranks of States Prohibiting Employers From Demanding Access To Facebook Accounts
- Five New Year's Resolutions For Employers
- Seventh Circuit Clarifies Scope of Acceptable Medical Inquiry In Affirming Dismissal of EEOC Suit Against Employer.
- Michigan’s Medicinal Marijuana Act Confirmed Not To Create Protection For Employees
- Sixth Circuit Expands Definition of “Medical Exam” Prohibited By Americans With Disabilities Act to Include Counseling
- Pending Legislation Threatens to Reshape Michigan Law Regarding Noncompete Agreements
- Supreme Court Upholds Affordable Care Act: Employers Take Note!
- Sixth Circuit Issues Valuable Reminder of the Importance of Contractually Shortened Limitations Periods
- Sixth Circuit Overturns Longstanding Americans With Disabilities Act Precedent, Establishes “But-For” Standard For Proving Violations.
- Are Your Interns Really Interns? Wage and Hour Liability Awaits the Careless Employer
- The Dominos Have Begun To Fall: Statutory Protection for Facebook Passwords
Community/Civic Activities
Trustee, Detroit Bar Association Foundation, 2016-present
Director, Metropolitan Affairs Coalition, 2016-present
Awards & Recognition
Named a Leading Lawyer in Labor & Employment Law by Chambers USA, 2020
Recognized in Michigan Super Lawyers® for Employment Litigation: Defense and Labor & Employment, 2017-Present
Named a Rising Star by Law & Politics, 2009-2010
Recognized in The Best Lawyers in America® for Labor & Employment Litigation and Employment Law - Management, 2013-Present. Copyright 2015 by Woodward/White, Inc., Aiken, SC
Named a Top Lawyer by dbusiness Magazine for Litigation - Labor & Employment, 2015 & 2018
Named a Michigan Leading Lawyer in the areas of Employment: Management and Trade Secrets/Unfair Competition Law by the Leading Lawyers Network, 2014-2017. Law Bulletin Publishing Company