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Band 2
Provided by José Francisco Benítez-Mier
Business Immigration
Employee Benefits and Compensation
Employment Law and Litigation
Entertainment and Media
Privacy, Cybersecurity, Social Media, and Digital Workplace
Workplace, Health and Safety (OSHA)
José F. Benítez-Mier is a member and currently Department Head in the Labor and Employment Law Department. Mr. Benítez-Mier advises and represents employers in a broad range of employment law matters, including employment terminations, managing employment conduct in the internet, social networks and electronic media, reductions-in-force and reorganizations, mass lay-offs and closing of operations, wage and hour, privacy rights, equal employment, drug and alcohol testing, medical leave coordination, covenants not to compete, progressive discipline and internal investigations of sexual harassment and other workplace grievances. Mr. Benítez-Mier also offers management training and seminars in all of these areas.
In 2012, Chambers and Partners ranked Mr. Benítez-Mier as one of Puerto Rico’s leading employment law practitioners based on the views of clients, peers, and other industry professionals.
From 2007 to 2010, Mr. Benítez-Mier presided over the Human Resources and Labor Legislation Committee of the Puerto Rico Manufacturers Association. He is currently a member of the Board of Directors of the Association of Labor Relations Professionals of Puerto Rico.
From 1997 to 2000, Mr. Benítez-Mier counseled the Puerto Rico Department of Education in the creation, drafting and implementation of its drug testing program and its administrative regulations and procedures.
In addition, Mr. Benítez-Mier counsels employers in all employment-related visa and business immigration matters. His practice concentrates in the preparation of non-immigrant employment visa petitions. His immigration practice also includes procuring employment-based permanent residency and naturalization petitions.
Mr. Benítez-Mier has also defended employers in state and federal courts in connection with claims of wage and hour, libel and defamation, privacy rights, harassment and employment discrimination, wrongful discharge, medical leaves, drug testing, WARN, USERRA, and other employment related claims. Representative cases include: Davila-Feliciano v. P.R. State Ins. Fund, 683 F.3d 405 (1st Cir. 2012); 754 F. Supp. 2d 351, 2010 U.S. Dist. LEXIS 128792 (D.P.R. 2010)(gender and political discrimination claim in public sector employment); Irving Cortez v. AT&T, 2010 U.S. Dist. LEXIS 126685 (D.P.R. 2010) ( religious discrimination claim filed by a Satanist against employer); Pagán-Maldonado v. Centennial Puerto Rico Communication Corp., 2009 U.S. Dist. LEXIS 114215 (D.P.R. 2009) ( gender and age discrimination complaint); Reyes-Ferrer v. Centennial Puerto Rico Communication Corp., 2010 U.S. Dist. LEXIS 67356 (D.P.R. 2010); Díaz-Figueroa v. RICOH Puerto Rico, Inc., 2009 U.S. Dist. LEXIS 93828 (D.P.R. 2009)(sexual harassment; age and pregnancy discrimination); Del Pilar Salgado v. Abbott Laboratories, 2007 U.S. Dist. LEXIS 81973 (D.P.R. 2007) (sexual harassment; hostile work environment); Álamo-Villegas v. Berríos-Castrodad, 2009 PR App. LEXIS 3147, cert. denied by, the Puerto Rico Supreme Court on March 5th, 2010; Adames-Milán v. Centennial Puerto Rico Communication Corp., 500 F.Supp.2d 14 (D.P.R. 2007)(WARN); Adames-Milán v. Centennial Puerto Rico Communication Corp., 500 F.Supp.2d 6 (D.P.R. 2007)(WARN and Law No. 80); Berríos-Cintrón v. Capitol Foods, Inc., 497 F.Supp.2d 266 (D.P.R. 2007) (disability discrimination and COBRA); Bermúdez-Vázquez v. Centennial de P.R., 278 F.Supp.2d 174 (D.P.R. 2003) (race discrimination), aff’d by 2004 U.S. App. LEXIS 9552 (1st Cir. 2004); Vélez del Valle v. Mobile Paints, 349 F.Supp.2d 219 (D.P.R. 2004) (disability discrimination); Havercombe v. Dept. of Education of Commonwealth of Puerto Rico, 250 F.3d 1 (1st Cir. 2001)(various types of discrimination claims).
Provided by Chambers
José Francisco Benítez-Mier is frequently sought out by clients to assist with the labour issues arising out of corporate transactions. He is also well placed to advise clients on unfair dismissal claims and the enforcement of confidentiality agreements.
