Mark Tolman

Practice Areas

Mark practices employment law and commercial litigation in matters before state and federal courts, the Utah Labor Commission and Equal Employment Opportunity Commission. He was recognized by the Utah State Bar as the 2018 Labor & Employment Attorney of the Year. Mark litigates cases involving complex factual and legal matters, including employment discrimination, harassment and retaliation, breach of fiduciary duty, covenants not to compete, solicit, or disclose confidential information, interference with contract, trade secrets and defamation. Mark has tried cases before state and federal courts and before the Adjudication Division of the Utah Labor Commission. He has also argued cases to the Utah Supreme Court, the Utah Court of Appeals and to the United States Tenth Circuit Court of Appeals. Most importantly, Mark helps his clients avoid litigation by daily counseling on employment law problems, developing preventative practices and policies and providing regular inhouse training.

Mark also represents employer group health plans and their administrators in connection with litigation arising under the Employee Retirement Income Security Act (ERISA) and Mental Health Parity and Addition Equity Act.

Professional Memberships

Member, Society for Human Resource Management (SHRM)

Director of Legal Affairs, Utah State SHRM Council

Co-Director of Legal Affairs, Salt Lake Chapter of the Society for Human Resource Management (SHRM)

Publications

Employment Law Update, April 27, 2023 April 27, 2023

Workplace Violence Protective Order Amendments Signed into Law Through Persistent Lobbying Efforts of Parsons Attorney Mark D. Tolman April 13, 2023

Congress Passes the Speak Out Act, Outlawing the Use of NDAs to Silence Victims of Sexual Harassment and Assault November 30, 2022

Employment Law Update, June 29, 2022 June 29, 2022

Personal

Weber State University Business Advisory Council

Experience

Independent Investigation of Sexual Harassment

Conducted an independent investigation of sexual harassment claims against Senator Gene Davis by a legislative intern.

ADA Discrimination Defense

Represented a Utah city regarding discrimination charges under the ADA and in retaliation for filing worker’s compensation claims.

FMLA and ADA Discrimination Defense

Represented a large Intermountain region bank in two discrimination claims in U.S. District Court concerning FMLA and ADA.

Nondisclosure, Nonsolicitation, Noncompetition Defense of Solar Sales Company

Defending a solar sales company in several lawsuits in Utah state and federal courts and Texas state court for competitive claims including nonsolicitation, nondisclosure and noncompetition claims.

Expert in these Jurisdictions

Utah

Idaho

Wyoming

Education

Awards