Richard A. Braden

Richard Braden is a trial attorney who represents businesses in a wide variety of matters related to commercial litigation and employment law. His broad range of experience representing clients before administrative agencies and in state and federal court includes employment discrimination lawsuits, employee benefits litigation, and complex commercial cases. Rick has tried numerous cases involving the protection of intellectual property, contract disputes, fraudulent conveyances, breach of fiduciary duty claims, insurance coverage issues and unfair competition/trade secret matters. He has also written extensively on employment law issues, such as the fundamentals of hiring and firing and the proper planning and implementation of reductions in force.

Experience Highlights

Employment and Labor Counseling

Rick regularly counsels employers on all aspects of the employment relationship, including:

•Hiring, discipline, promotion and discharge of employees
•Drafting employee manuals/handbooks
•Developing practices, policies and procedures
•Negotiating and drafting separation/severance agreements
•Analyzing wage and hour issues
•Complying with the broad spectrum of federal, state and local employment laws and regulations

Employment and Labor Litigation

Rick has successfully defended employers against claims including:

•Sexual harassment and gender discrimination
•Age, race, and disability discrimination.

Honors & Awards

Martindale-Hubbell Peer Review Rating: AV Preeminent

Upstate New York Super Lawyers, 2015-19

Business First‘s Who’s Who in Law

Publications & Events

Publications

•Author, “ EEOC Adopts Plan to Address Systematic Discrimination in the Workplace, ” DRI Today, March 8, 2012
•Co-Author, “Employer Held Immune from Liability for Damages Resulting from Threats Made by Employee Through His Work Computer,” DRI The Job Description, Spring 2007
•Author, “Employers Beware - The EEOC and the Courts are Clamping down on Unclear and Overly Broad Waiver and Release Language Contained in Employee Severance Agreements,” DRI The Job Description, Fall 2006
•Author, “Personal Jurisdiction Over Non-Residents Via Internet Activity,” Albany County Bar Association Newsletter, June 2006
•Co-Author, “Employment Law, A State-by-State Compendium,” DRI, 2006
•Co-Author, “Arbitrary and Capricious Judicial Review: Heightened or Lowered Standard of Late?” DRI Life, Health and Disability News, Fall 2005

Presentations

•Presenter, “Settlement Strategies,” 2014 USLAW Network Employment & Labor Law Exchange, Jersey City, NJ, June 17, 2014
•Presenter, “After the Gold Rush - The NLRB’s Continued Intrusion Into the Non-Union Workplace,” USLAW Network Client Conference, San Francisco, September 18-20, 2014
•Presenter, “USLAW EduNet Webinar for the Employment & Labor Law Group,” Webinar, Feb. 14, 2012.
•Panelist, “’Hey! It’s MySpace’ . . . Managing Today’s Electronic Workplace,” Chicago, IL, Sept. 24, 2011
•Panelist, “What Changes May Employers Expect from the NLRB,” Colorado Springs, CO, October 9, 2010
•Presenter, “New York Wage and Hour Employment Law Update,” ADP Wage and Hour Seminar, May 2010
•Presenter, “Fundamentals of Employee Discipline/Discharge in NY,” Buffalo Niagara Human Resources Association and the Partnership’s Compelling Place to Work Series, September 2008
•Presenter, “Avoiding Liability in the Interviewing, Hiring, and Firing Process,” Job Service Employer Committee, Inc. Seminar, January 2008; October 2006
•Presenter, “Preventing and Defending Harassment and Retaliation Claims,” Society of Human Resources Management (Pennsylvania/New York Border Chapter), October 2007
•Presenter, “What Employers Need to Know About Severance and Separation Agreements,” Job Service Employer Committee, Inc. Seminar, April 2007
•Presenter, “Handling Employee Leaves of Absence - An Employer’s Guide,” Job Service Employer Committee, Inc. Seminar, February 2006
•Presenter, “Preventing a Hostile Work Environment,” Job Service Employer Committee, Inc. Seminar, January 2006
•Presenter, “Anti-Harassment Training Presentations for Evans-Brant School District Employees,” September 2005
•Presenter, “Fundamentals of Employee Discipline and Discharge in New York,” University of Buffalo Center for Entrepreneurial Leadership, (Class of 2003), February 2005
•Presenter, “Family and Medical Leave Act in New York,” Lorman Education Services Seminar, April 2004
•Presenter, “Severance Agreements,” Erie County Bar Association Noon Day Presentation, March 2004
•Presenter, “Employee Discharge And Documentation in New York,” Lorman Educational Services Seminar, June 2003
•Presenter, “Selecting and Terminating Employees in New York,” National Business Institute Seminars in Buffalo and Rochester, New York, August 2002
•Presenter, “Writing the Employee Handbook in New York,” Lorman Education Services Seminar, March 2001
•Presenter, “Handling the Unemployment Insurance Process,” Lorman Education Services Seminar, August 2000

Recent Insights

Super Lawyers Honors Nearly Two-Thirds of Goldberg Segalla’s Upstate New York Attorneys

August 13, 2019

Sixty-One Goldberg Segalla Attorneys Featured in 2018 Upstate New York Super Lawyers

August 13, 2018

Goldberg Segalla Attorneys Listed in 2017 Upstate New York Super Lawyers

August 2017

Goldberg Segalla Attorneys Named 2016 Upstate New York Super Lawyers

August 15, 2016

Goldberg Segalla Attorneys Listed in 2015 Upstate New York Super Lawyers

August 21, 2015

Transactions Highlight Successful Business and Commercial Work

June 10, 2013