ATTORNEYS > Attorney Profile
Mark Fijman
111 East Capitol Street, Suite 600
Jackson , MS 39201-2122
Direct: (601) 360-9716
Fax: (601) 360-9777
e-mail: mark.fijman@phelps.com

Service Areas

Labor and Employment

Practice

Mark is counsel in the labor and employment group of the firm's Jackson office. He represents and advises employers regarding federal and state employment laws dealing with race, age, disability, gender, national origin and religious discrimination and in administrative proceedings before the Equal Employment Opportunity Commission. He routinely counsels human resource professionals on issues ranging from overtime questions to discipline and termination decisions. His practice includes representing employers seeking to enforce non-competition/non-solicitation agreements and pursuing injunctive relief for improper use of proprietary information. Mark also represents governmental and law enforcement agencies in employment and civil rights litigation. Mark has extensive trial experience in the Federal Court system and also represents employers in the Mississippi Court system. Prior to beginning his legal practice, Mark worked as a television news producer/reporter for a number of network affiliate stations in the Southeast and Northeast.

Education

  • Mississippi College, J.D., 1998; Case Note and Comment Editor, Mississippi College Law Review; Charles A. Clark Inns of Court
  • Emerson College, B.S. in Broadcast Journalism/Mass Communication, 1983

Memberships/Affiliations

  • Mediator: Listed as a qualified mediator with the Mississippi Bar
  • Member: The Mississippi Bar
  • Admitted to Practice: United States Court of Appeals for the Fifth Circuit; United States District Court for the Southern and Northern Districts of Mississippi Supreme Court, Mississippi Supreme Court
    Defense Research Institute
  • Federal Bar Association (Mississippi Chapter President 2003 - 2004)

Publications/Speeches

  • Election Year Impact on Employment Law (2007) 
  • "Is Your Employee Disabled Under the ADA . . . Or Do You Just Think They Are?" (2007)
  • "Will the Supreme Court's Ruling on Workplace Retaliation Open the Floodgates of Litigation (2007)
  • New Standards for Reasonable Accommodation Under the Americans With Disabilities Act (2005)
  • Military Leave and Complying With USERRA (2005)
  • "Looking for Facts in All the Wrong Places"...The Right and Wrong Way to Conduct Sexual Harassment Investigations (2004)
  • Co-Author of Summary of Mississippi Employment Libel and Privacy Law for the Libel Defense Resource Center's 50-State Survey.
  • Co-Author of the Civil Appeals chapter of Mississippi Civil Procedure.
  • Author of "Accommodating Diverse Religious Practices and Avoiding Discrimination Claims," MDLA Quarterly Fall/Winter 2005.

Representative Matters

  • Representation of Fortune 500 company in case involving alleged race discrimination. Prior to trial, the federal court granted summary judgment and dismissed all claims against the firm's client. (2007)
  • Representation of a Mississippi municipality in a race discrimination/failure-to-promote case. At trial, the firm's client received a defense verdict from the jury on all counts against the municipality. (2007)
  • Representation of private and public employers in all facets of employment-related matters, including defense of EEOC administrative complaints of discrimination.
  • Representation of governmental entities in suits alleging civil rights violations and constitutional rights violations.

 
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