Photo of James F. Hermon

James F. Hermon Member

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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.
  • What the New FLSA Exemption Regulations Mean to Employers
    October 10, 2019
  • New Michigan Employment Laws Require Employment Policies to Undergo an Immediate Triage
    January 24, 2019
  • Silver Bullet or Fool’s Gold? Arbitration Agreements Post-Supreme Court’s “Green Light” in Epic Systems
    June 13, 2018
  • Utilizing Internal Investigation to Implement Organizational Change, 43rd Annual ICLE Labor & Employment Law Institute
    April 20, 2018
  • A Pound of Prevention
    June 7, 2017
  • Perceived Disability and Fitness for Duty, Institute of Continuing Legal Education 42nd Annual Labor & Employment Law Institute, Northville, Michigan
    April 20, 2017
  • Navigating the DOL’s Overtime Exemption Regulations—Detroit
    June 16, 2016
  • Navigating the DOL’s Overtime Exemption Regulations—Troy
    June 13, 2016
  • Noncompetition Agreements: How to Effectively Implement and Avoid Contractual Restrictive Covenants, University of Michigan Labor & Employment Law Institute, Ann Arbor, Michigan
    April 14-15, 2016
  • Exploring Legal Issues Affecting Employers and Offering Proven Solutions, Dykema Employment Seminar
    November 15, 2011
  • The Top Five Personnel Mistakes Employers Make, Presentation to Michigan Library Association
    November 2009
  • Religious Accommodation In The Workplace, Presentation to ICLE Employment Law Briefing
    April 2009
  • FMLA Developments, Webinar
    November 2008
  • Lessons from the Airwaves, Stay Current and Learn Employment Relations From Your Television, Dykema Employment Law Seminar
    October 2008
  • Managing Conflict Between Work Rules and the Law, Webinar
    August 2008
  • Workplace Harassment and FMLA Disability Law and Developments, Presenter, Sterling Education Seminars
    June 2007
  • It's Against My Religion - Employer Obligations to Accommodate Employee Religious Practices, Webinar
    August 2006
  • Six Things Plaintiffs' Attorneys Love to See, Private Employer Seminar
    July 2006
  • Finding Employees With The Right Stuff, Webinar
    May 2006
  • Company Secret? What Secret? How to Protect Your Company's Trade Secrets and Legitimate Business Interests, Webinar
    April 2006
  • Discovery Landmines, Dykema Employment Law Seminar
    October 2005
  • The Top Five Personnel Mistakes Employers Make, Webinar
    June 2005
  • Top Five Employer Errors In Complying With the FLSA, Webinar
    April 2005
  • "Noncompete Agreements Under Michigan Law"
    December 2016
    Michigan Bar Journal
    http://www.michbar.org/file/barjournal/article/documents/pdf4article3013.pdf
  • "Direct Examination of the Decisionmaker"
    2010
    Employment 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

Blog Posts

Trustee, Detroit Bar Association Foundation, 2016-present

Director, Metropolitan Affairs Coalition, 2016-present

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, 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