1395 Panther Lane
Otto Immel counsels and represents employers in a wide variety of workplace-related litigation. He also advises on all aspects of labor and employment law, including workforce management issues involving the Family and Medical Leave Act, the Americans with Disabilities Act, and other federal, state and local fair employment and anti-discrimination statutes. His experience includes:
- Implementing compliance strategies and addressing specific statutory compliance issues in all areas of labor & employment law, including EEO, ADA, FMLA, FLSA, WARN, OWBPA and OSHA.
- Advising human resource professionals and all levels of management on myriad workplace decisions and practices, including individual and company-wide issues concerning employee selection, retention, performance, discipline and discharge, leaves of absence, workplace accommodations, reductions in force, mergers and acquisitions, management and employee training, grievance adjustment, and employee handbook and policy development.
- Advising employers on employment-related immigration issues, including employment authorization, visas, permanent resident petitions, I-9, E-Verify, and various federal and state contractor requirements.
- Conducting workplace investigations into issues including suspected employee misconduct, sexual and other harassment, and other discrimination claims.
- Developing, implementing and enforcing agreements protecting intellectual property and preventing unfair competition.
- Presenting training sessions for management, human resource professionals and employees on topics covering all areas of labor and employment law.
Mr. Immel regularly appears in federal and state courts, before administrative agencies and in arbitrations, on behalf of employers in a wide variety of industries. His litigation experience includes:
- Obtaining summary judgment and successfully arguing on appeal the first disability discrimination case in the 11th Circuit involving an HIV-positive healthcare worker; establishing a pro-employer test for future cases. The plaintiff was backed by a well-funded special interest group that fought the case aggressively from the administrative agency to the U.S. Supreme Court.
- Obtaining an emergency injunction restricting a former sales manager of a major international consumer products company from using or disclosing confidential information and trade secrets, and compelling production of all computer and electronic storage equipment, including that issued by new employer. Following employee’s resignation to join competitor, forensic examination of company-issued laptop revealed that hours before, employee had copied thousands of files to an external hard drive. When confronted, employee turned over hard drive and gave assurance that no further copies had been made. Forensic examination revealed additional downloading. Sought and obtained emergency injunction and recovered all intellectual property.
- Compelling arbitration and obtaining the summary dismissal, later upheld on appeal, of wrongful discharge claims by a former manager at a national insurance company terminated after what he contended was a shoddy investigation into workplace harassment allegations by a subordinate, with whom he had an extramarital affair, and her friends.
- Preventing imposition of injunctive relief in a case brought by two terminated engineers who claimed that their former employer, an experimental biotechnology company, had falsified data and submissions to regulatory authorities in connection with their principal medical device, an ultrasonic heart catheter. The plaintiffs sought a restraining order four days before the commencement human trials, the conduct of which were tied to important funding milestones. The case was briefed and successfully argued without delaying the clinical trials.
- Obtaining dismissal of wrongful discharge claims brought against a national nursing home operator by a nurse who claimed that she was terminated after threatening to inform authorities of what she believed to have been the physical abuse of a resident.
Education and Honors
- Temple University School of Law (J.D., cum laude, 1992)
Temple Law Review (Research/Special Projects Editor, 1990-1992).
- The Johns Hopkins University (B.A., with honors, 1989)
U.S. Supreme Court
U.S. Court of Appeals, 11th Circuit
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
U.S. District Court, Southern District of Florida
U.S. Court of Appeals, 3rd Circuit
U.S. District Court, District of New Jersey
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Northern District of Illinois
Peer Review Rated.
Named a 2013 Economic Partnership Volunteer by The Greater Naples Chamber of Commerce.
Professional and Civic Activities
- Collier County Board of County Commissioners (Neutral Hearing Officer).
- Appointed to preside over appeals of County personnel actions.
- HR Collier (Board Member).
- Fun Time Early Childhood Academy (Board Member).
- Presenter, “Employment-related Internal Investigations and Terminations,” Naples SHRM Chapter, March 20, 2013.
- Presenter, “Employment Law: What You Need to Know,” The Professional Development Center at Hodges University, October 22, 2012.
- "A Patchwork Quilt of Compliance," Constructor magazine.
- Co-author, “Serious Health Conditions” chapter for the ABA’s 2006 treatise The Family and Medical Leave Act.
- “Walking the Absenteeism Tightrope: What is and is Not Protected,” Northeast Regional Employment Law Institute, Pennsylvania Bar Institute.
- “Out of the Ordinary Wage Plan Rules,” Tough Issues in Wage & Hour Law, Pennsylvania Bar Institute.