> Our Professionals > Randall P. Sutton

Randy Sutton’s practice focuses on employment law and business litigation. Randy oversees the firm’s Employment Law & Litigation practice.

Advising Employers

Randy helps employers comply with state and federal employment laws. Because most employment claims can be avoided with good preventative measures. Randy encourages his clients to use him as a sounding board when making employment decisions. Once an employee is terminated or another adverse action is taken, it is far more difficult to remedy a potential problem.

Randy conducts quarterly seminars for clients and assist clients with customized in-house training.  Randy is a frequent seminar speaker on employment law compliance.  For a list of seminars he has presented, click here.

Randy drafts personnel manuals, employment contracts, drug testing policies, last chance agreements, severance agreements, and other employment policies and agreements.

Noncompetition Agreements & Trade Secrets Disputes

Randy has extensive experience in the litigation of noncompetition agreements, protection of trade secrets, and litigation of duty of loyalty and breach of fiduciary duty claims. Randy has obtained preliminary & permanent injunctions and temporary restraining orders enforcing noncompetition agreements on behalf of his clients, and has also successfully prevented the enforcement of noncompetition agreements in the representation of a former employee or successor employer. Having litigated these disputes, Randy uses this experience in drafting enforceable agreements for the Firm's employer clients.

Defense of Management in Litigation by Employees & Former Employees

Randy defends employers before administrative agencies and in state and federal court.  He is experienced in handling discrimination, wage & hour, sexual harassment, retaliation, whistleblowing and other employment claims.  He also is experienced in conducting and overseeing workplace investigations. 

Employee Benefits Disputes & ERISA Litigation

Randy has considerable expertise in evaluating family leave and disability issues, and litigating claims related to leaves of absence, workers’ compensation, and executive compensation.  Randy also represents plan sponsors and others in the litigation of claims related to retirement plan administration, health plans, and other plans governed by ERISA. 

Business Litigation

Randy regularly litigates complex business and contact disputes.  Some of the cases Randy has handled include:

• Litigating dissolution of partnership and shareholder oppression claims.
• Litigating fraud, breach of contract, breach of fiduciary duty, and anti-trust claims related to franchise agreements, equipment purchase agreements, construction contracts, concert promoter agreements, software development contracts, computer equipment, heavy trucking, and property management agreements.
• Litigating timber trespass, boundary disputes, adverse possession and encroachment claims. Reported Case: Vossen v. Forrester, 326 Or. App. 323 (1998).

Professional Activities

Randy has served as the Legislative Affairs Director for the Salem Human Resource Management Association (SHRMA) since 2001.  He currently serves as the State Legislative Director on the SHRM Oregon State Council.  SHRM is the world's largest association devoted to human resource management with more than 200,000 members.  

Randy serves on the Associated Oregon Industries (AOI) Employment Practices Council and is a member of the AOI Employment Practices Steering Committee. He has also served on a statewide Drug Free Workforce legislative workgroup.

Randy is involved in various community nonprofit efforts, including serving as an officer on the board of directors for the Salem Art Association Endowment Foundation. He also serves on the board of directors for the Enterprise for Employment & Education, which is a workforce development organization serving Marion, Polk and Yamhill counties.

Randy is a member of the Oregon Association of Defense Counsel (OADC) and is a member of the Marion County Bar Association.

Randy writes a monthly column on employment law for the Salem Business Journal. He is also a member of the Litigation, Labor Relations, and Business Litigation sections of the Oregon State Bar and the Litigation section of the Washington State Bar.

Education

Randy graduated with distinction in Political Science from San Diego State University. Following graduation, he worked as a Personnel Analyst for the City of San Diego. Randy graduated from the Willamette University College of Law, where he served as Associate Editor on the Willamette Law Review.