Overview
“Very professional, insightful, and extremely dependable” (Chambers USA), Jennifer Jauffret is head of the firm’s Labor and Employment Group.
Jennifer represents a wide variety of management clients in all types of labor and employment law matters, from providing advice on day-to-day employee issues to defending clients before state and federal agencies and courts. Providing “advice that is both technically sound and reasonable,” Jennifer’s approach “is quick, focused, efficient and effective” (Chambers USA).
Jennifer is a knowledgeable drafter of employment, severance, separation, nondisclosure, noncompete, and other employee agreements, as well as employee policies and handbooks. She is an experienced trainer and speaker on all aspects of employment law, including harassment, and instructs both managers and employees regarding compliance with ever-evolving employment laws and regulations. Jennifer also trains employers on preventing and reducing exposure to lawsuits. “She can handle pretty much everything” (Chambers USA).
“Excellent at strategic thinking and at giving advice that is tactical and also practical” (Chambers USA, 2024), Jennifer brings a detail-oriented, fact-specific approach to difficult matters, with clients noting that she “makes a point to understand the intricacies of our business” (Chambers USA). Jennifer assists businesses with employment issues arising in corporate transactions as well as general employee issues such as noncompete agreements and discipline/termination situations. She has experience
- litigating breach of restrictive covenant cases (including nondisclosure, noncompetition, and nonsolicitation restrictions) in the Delaware Court of Chancery;
- defending clients against charges of discrimination, hostile work environment, and retaliation; and
- defending FLSA, FMLA, and WARN Act claims, and other employee claims in state and federal court.
Jennifer devotes significant time to community service, providing pro bono legal advice to Delaware nonprofits and leading the firm’s team of volunteers who represent abused and neglected children. She also coaches girls basketball at Ursuline Academy. Jennifer received the Delaware State Bar Association’s Community Service Award in 2018.
PRACTICES
Select Experience
- Local hospitals, healthcare offices, and medical billing companies: Employment policies, employment agreements, union issues, discipline issues, FMLA advice, harassment investigations, wage and hour compliance
- Higher education: Employee investigations, FLSA issues, discrimination and wage and hour issues, day-to-day disciplinary issues, DDOL, EEOC, and federal court defense of Title VII and ADA claims
- Large national retailers and restaurants: Noncompetition and nondisclosure agreements, WARN issues, discrimination issues and suits
- Manufacturing firms: Discrimination defense, ADA accommodation advice, manager and employee compliance training, nonsolicitation agreements, general employment issues
- Global consulting and restructuring firm: Restrictive covenant nonsolicitation and noncompete litigation in Delaware Court of Chancery
- Local businesses and nonprofits: Counseling on various HR issues, defending discrimination claims, preventative advice and training
- Senior executives: Negotiation of employment and separation agreements
- Villanova University School of Law, J.D., magna cum laude, 1997
Villanova Law Review
Order of the Coif - Cornell University, B.S., Government, 1994
Education
Publications
Independent Contractors: Delaware
Thomson Reuters Practical Law | September 2024
A Q&A guide to state law on independent contractor status for private employers in Delaware. This Q&A addresses how independent contractors are classified under state law, including the various tests to evaluate worker status, penalties for misclassification, and practices to avoid misclassification. Federal, local, or municipal law may impose additional or different requirements.…
Lex Mundi Global Employment Law Guide – Delaware
Lex Mundi | December 10, 2019
Director Jennifer Jauffret is the author of the Delaware chapter of Lex Mundi’s newly published Global Employment Law Guide. This guide gives relevant and timely information on important employment laws in more than 50 jurisdictions and draws on the expertise of Lex Mundi’s member firms from around the world. …
USA Regional Employment – Delaware Law and Practice
Chambers USA | 2019
Greater Protections for Delaware Employees = Additional Training and Awareness for Management
Delaware Banker | Summer 2016
Delaware’s 148th General Assembly recently enacted legislation that expands the landscape of protections afforded to employees and applicants for employment under Delaware law.
Preparation and Management of Discrimination Suits
Inside the Minds | May 2008
When you first have the opportunity to defend an employee discrimination suit, it may seem like a daunting task. But in reality, the defense of such matters differs little from other types of litigation. By using a step-by-step approach, you will greatly enhance your client’s chances for success. The purpose of this chapter is to review…
Delaware Banker | Spring 2008
The delicate balancing act between employers’ and employees’ needs and desires and equal employment laws has recently captured the attention of the U.S. Equal Employment Opportunity Commission (EEOC). Specifically, the EEOC has issued new enforcement guidance on unlawful disparate treatment of workers with caregiving responsibilities. Discrimination against caregivers is also known as Family Responsibilities Discrimination or…
- “Trade Secret Laws: Delaware,” Practical Law Company, annual publication
- “Anti-discrimination Laws: Delaware,” Practical Law Company, annual publication
- “Non-compete Laws: Delaware,” Practical Law Company, annual publication
- “Wage and Hour Laws: Delaware,” Practical Law Company, annual publication
- “Employment Claims in Release Agreements: Delaware,” Practical Law Company, annual publication
- “Independent Contractors: Delaware,” Practical Law Company, annual publication
Presentations
New Paid Sick and Family Leave Under the Healthy Delaware Families Act
April 9, 2024
Healthy Delaware Families Act: Paid FMLA: Self-Insured vs. Public Plan: What’s Right for You?
February 5, 2024
Delaware Society for Human Resources Management Annual Conference: Key Concepts of the FMLA That You Need to Know for the New State HDFA
November 17, 2023
Delaware Society for Human Resources Management Annual Conference: Hot Topics and Updates in ADA Law Beyond COVID
October 6, 2022
Delaware Society for Human Resources Management Annual Conference: Top Employment Changes Employers Need to be Aware of in the Biden Administration
October 20, 2021
DelMarVa SHRM Webinar: Staying Compliant Under Delaware’s Sexual Harassment Law – A Practical Guide To The Statute’s Do’s and Don’ts
May 18, 2021
Delaware State Bar Association’s Labor and Employment Law Update 2021: Layoffs, Furloughs, and Other Downsizing Issues
March 9, 2021
Delaware State Bar Association’s Litigation Section Meeting: At Home with Youngsters and Litigators
October 22, 2020
Delaware Society for Human Resources Management: Top 5 Employment Law Topics for 2020-2021
October 13, 2020
Delaware Society for Human Resources Management: 19th Annual DE State Human Resources Conference: Help! What Happens After FMLA Expires?
November 5, 2019
Disability: IN Delaware: Workplace Accommodations – Legal Requirements & Hot Topics
October 29, 2019
2019 Lex Mundi Labor and Employment and Employee Benefits and Pensions Joint Practice Group Global Meeting: #MeToo Social Movement on the Legal Landscape
May 31, 2019
Delaware Society for Human Resources Management: 2019 Employment Hot Topics
April 9, 2019
Delaware Society for Human Resources Management: 18th Annual DE State Human Resources Conference: Preventing and Handling Harassment Claims in the Wake of `#MeToo’ and `Time’s Up’
November 2, 2018
2018 Lunch and Learn Employment Law Update
July 1, 2018
Delaware Society for Human Resources Management: Hot Topics in Employment Law
April 10, 2018
Delaware Business Leadership Network: Workplace Accommodations – Legal Requirements & Hot Topics
February 28, 2018
Delaware Society for Human Resources Management: Best Practices Panel: Employment Discrimination Law, Focusing on Pregnancy & LGBT Issues
October 6, 2017
2017 Lunch and Learn Employment Law Update
July 20, 2017
Delaware Society for Human Resources Management: 2017 Employment Law Update and Hot Topics
April 11, 2017
Lex Mundi Labor & Employment Group Global Meeting: Transgender Issues in the Workplace
March 23, 2017
Delaware Alliance for Nonprofit Advancement: Delaware Employment Law Update & Hot Topics
January 11, 2017
Delaware Society for Human Resources Management: 16th Annual DE State Human Resources Conference: Lessons Learned from a Government Audit
November 2, 2016
Delaware Society for Human Resources Management: Employment Law Hot Topics, Federal and Delaware State Employment Law Update 2016
April 12, 2016
Delaware Society for Human Resources Management: 15th Annual DE State Human Resources Conference: Strategic Analysis and Effective Use of Restrictive Covenants
November 4, 2015
Delaware Society for Human Resources Management, 2015 Employment and Labor Law Hot Topics
March 10, 2015
Delaware Society for Human Resources Management, Pregnancy Protection is Expanding: Best Practices for Avoiding Pregnancy Discrimination and Retaliation Claims
November 5, 2014
Delaware Society for Human Resources Management, Labor & Employment Update
February 14, 2014
Delaware Society for Human Resources Management, FMLA Back to Basics and the 2013 Regulations
November 7, 2013
Delaware Society for Human Resources Management, Labor & Employment Update
February 12, 2013
Delaware Society for Human Resources Management, Employee or Independent Contractor? Properly Classifying Workers and Understanding the Legal Differences and Risks
November 8, 2012
Delaware Society for Human Resources Management, Labor & Employment Update
February 14, 2012
Delaware State Bar Association’s Labor & Employment Update 2010
May 11, 2010
Leadership
- Delaware State Bar Association, Labor and Employment Section, Past Chair
- Delaware Chamber of Commerce, Employee Relations Committee, Past Vice Chair
- Catholic Charities, past Board Chair, past Services and Facilities Committee Chair, past Nominating Committee Vice Chair
- United States Law Firm Group, Labor & Employment and Women Committees
- Lex Mundi, Labor & Employment Committee
Pro Bono Activities
- Assisting nonprofit agencies with employment and personnel matters
- Protection from Abuse Team, Delaware Volunteer Legal Services
- Child Attorney, Delaware’s Office of the Child Advocate
Recognition
- Chambers USA, since 2010
- The Best Lawyers in America, since 2008
- The Best Lawyers in America, Wilmington, DE Labor Law – Management Lawyer of the Year, 2022; Labor and Employment Litigation Lawyer of the Year, 2021, 2019
- Benchmark Litigation, 2020
- Delaware Today Top Lawyer, Labor Law, 2024, 2023, 2022, 2021, 2019; Top Vote Getter, 2013
- Super Lawyers, since 2013
- Delaware State Bar Association, Community Service Award, 2018
Bar Admissions
- Delaware, 1998
- Pennsylvania, 1998
- United States District Court, District of Delaware, 1998
- United States Court of Appeals, Third Circuit, 2000
- United States Supreme Court, 2002
- United States District Court, Eastern District of Pennsylvania, 2004