Tiffanie Benfer Attorney

First Admitted: 2003, Maryland

Professional Webpage: http://www.hardwickbenfer.com/tiffanie-benfer/

Bar/Professional Activity:

Admitted to the NJ Bar, 2020
United States Court of Appeals for the Third Circuit, 2014
Admitted to the United States District Court Eastern District of Pennsylvania, 2006
Admitted to the United State District Court Middle District of Pennsylvania, 2016
Admitted to the Maryland Bar, 2003
Admitted to the Pennsylvania Bar, 2006

Verdicts/Settlements (Case Results):

La Chele v. McCreesh and Bella Body, Inc. La Chele brought a claim against the employee and new employer, Bella Body, for violating the non-compete and non-solicitation agreement. Bella Body was represented by T. Benfer. After a three-day trial, the case was settled. As part of the settlement, McCreesh's two-year non-compete and non-solicitation agreement was reduced to one year. Damages for fees and costs sought by La Chele were denied. , 2024
Fleck v. Wilmac Corp. et al. This disability/FMLA case settled for a confidential amount after successfully opposing Defendants' Motion for Summary Judgment, 2012
Diaz v. Saucon Valley Manor, Inc. et al. - Jury Verdict for Plaintiff on FMLA and ADA Claims, 2013
Sacavage v. Rite Aid, Inc. This age discrimination case settled for a confidential amount after successfully opposing Defendant's Motion for Summary Judgment, 2017

Special Licenses/Certifications:

Trained Arbitrator with the American Arbitration Association. Serves as an arbitrator on employment matters regarding state and federal laws, employment agreements, and common law protections., 2020
Certificate of Completion - The Training Institute for Workplace Investigators, 2016
National Institute for Trial Advocacy, Certificate for Completing the Trials Skills Program, 2010

Honors/Awards:

Heuisler Honor Society, University of Baltimore, 2003
Excellence in Clinical Education Award, University of Baltimore, 2003

Educational Background:

Dickinson College, B.A. (Policy Management Studies and American Studies), 1994

Scholarly Lectures/Writings:

The Program pulled from the central fact pattern using a combination of mock interviews and panel discussion to explore trauma-informed interview techniques, investigating defamation claims brought by an alleged wrongdoer against a complaining employee, and interviewing employees with a Union representative present. , Panelist, Tornadoes, Trailers, and Romance Act 1: Investigating the Issue., ABA LEL Section ERR Midwinter Meeting, Labor And Employment Law Section, 2023
Presented CLE programs at the Bucks Co. Bar Association on the following topics: Discovery of Electronically Stored information and The Use of Social Network Sites in Litigation., 2011
Presented a CLE program at the Bucks Co. Bar Association titled How to Recognize a Valid Employment Discrimination Claim & What to do About it , 2008
Presented a CLE at the Bucks Co. Bar Assoc. titled Discovery of Electronically Stored Information, Presenter, 2012
The paper discussed employees' protections or lack thereof under the state laws that have legalized marijeruana, Author, Budding Issue: Do the State Laws Legalizing Medical Marijuana Provide Job Protection?, ABA, Employment Rights & Responsibilities Committee, Labor And Employment Law Section, 2015
The paper discussed the history of sex-plus claims and why “sex-plus” discrimination is “ultimately premised on sex” and therefore should be analyzed like any sex discrimination claim under Title VII, Author, The Gross Decision Does Not Impact the Analysis of Sex-Plus Age Discrimination Claims, ABA, Labor And Employment Law Section, 2014
The panel addressed the multiple strategic and practical complications that arise when an employee claims discrimination on multiple bases, including: Are employee's claims weakened or enhanced when the emplyee raises mulitple claims? What is the status of "sex plus" and similar theories of discrimination? Does an employee risk losing on all claims if the jury cannot find that any one type of discrimination was the "but for" cause of the adverse job action? Should employers handle these mulitple claims any differently?, Panelist, Intersection of Race, Ethnicity, Gender and Disability Discrimination, 8th Annual Labor And Employment Conference, ABA, 2014
The panel discussed under what circumstances FMLA, ADA and Workers' Compensation must all be considered by the parties , Panelist, Detangling the Web of FMLA, ADA and Workers' Compensation, Annual Bench Bar Conference, Bucks County Bar Assoc., 2013
The panel discussed state laws that protect employee privacy in the workplace, Panelist, Navigating the Everglades: A Survey of State Laws Protecting Worker Privacy, ABB, ERR Midwinter Meeting, Labor And Employment Law Section, 2013
The panel discussed what to do when employees raise employment concerns through the employer's internal reporting mechanisms while at the same time using engaged counsel. This can create a sticky wicket for corporate clients - and in-house counsel. The panel reviewed ABA Model Rule of Professinal Conduct Rule 4.2 that addresses communicating with represented parties and discussed how attorneys must be mindful of their obligation under this rule and the advice they give their clients on communicating with represented employees, Panelist, How to Manage Internal Communications with a Represented Party, ABA 10th Annual Labor And Employment Law Conference, 2016
The panel discussed employees' protections or lack thereof under the state laws that have legalized marijuana, Panelist, Takin' It to the States: A Look at Budding Issues from State Laws Legalizing Marijuana, 2015, ABA, Employment Rights & Responsibilities Committee, Labor And Employment Law Section, 2015
The panel discussed how advances in technology have enabled more and more employees to perform job duties outside of the traditional "workplace." As a result, employers may find themselves in need of policies that effectively address issues that may be implicated when an employee performs a substantial amount of work remotely. From performance management challenges, to ADA accommodation issues, to compensable time questions under the FLSA, remote work often adds a layer of complexity to the employer-employee dynamic and to legal questions regarding employment, Panelist, Effectively Managing Remote Work, 9th Annual Labor And Employment Conference, ABA, 2015
The paper discussed compliance with Rule 4.2 during internal investigations, Author, Navigating Compliance with Rule 4.2 During Internal Investigations, ABA 10th Annual Labor And Employment Law Conference, 2016
The panel addressed the rise of drug addiction and its impact on the workforce. In particular, the panel discussed how the ADA's treatment of drug addiction issues is complex - status as an addict is protected, current use of drugs is not, an addict in rehab may be protected, and a casual user of drugs is not protected by the law. The panel also discussed how the courts applied these principles and made these distincitons in real cases to determine whether an employee with an alcohol or substance problem get statutory protection, Panelist, Addiction under the ADA, ABA 11th Annual Labor And Employment Conference, 2017
The panel discussed the rise of drug addiction and its impact on the workforce. In particular, the panel discussed how the ADA's treatment of drug addiction issues is complex - status as an addict is protected, current use of drugs is not, an addict in rehab may be protected, and a casual user of drugs is not protected by the law. The panel also discussed how the courts applied these principles and made these distincitons in real cases to determine whether an employee with an alcohol or substance problem get statutory protection , Speaker, 35th Annual Carl A. Warns, Jr. & Edwin R. Render Labor And Employment Law Institute, 2018
The paper discussed the use of public policy in wrongful termination cases from the employee perspective, Author, Public Policy Exception Can Be an Employee's Friend, ABA Labor And Employment Law Section, Employment Rights & Responsibilities Committee Midwinter Meeting, 2017
The panel discussed state laws and the status of at-will employment, Panelist, The Status of Employment At-Will: So Many Exceptions, So Little Time, ABA Labor And Employment Law Section, Employment Rights & Responsibilities Committee Midwinter Meeting, 2017

Other Outstanding Achievements:

Served as the employee co-chair of the ABA Section of Labor and Employment Law's Leadership and Development Program. Oversaw a three-day leadership training and development program to select a group of section members representing all constituencies of the Section., 2021
Served as the employee co-chair of the ABA Section of Labor and Employment Law's Leadership and Development Program. Oversaw a three-day leadership training and development program to select a group of section members representing all constituencies of the Section., 2023

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