Timothy M. Holly
Partner
1201 North Market Street, 20th FloorWilmington, DE 19801
As co-chair of the labor and employment law group and one of the firm's founding partners, Tim represents both employers and employees, including top executives, in a multitude of matters impacting the workplace generally and human resources and post-employment restrictions specifically. Tim's straight-forward approach to counseling, negotiation, and employment transactional services has enabled numerous clients to avoid legal disputes. When that has not been possible, Tim has successfully advocated for numerous clients in alternative dispute resolution, before administrative agencies, and in state and federal courts - including in pleading and motion practice, jury trial, and appeals.
With a master’s degree in industrial / organizational psychology, Tim offers both employers and employees perspective from both his extensive experience and expertise with employment laws and his understanding of and focus on broader business concerns such as return on investment, leadership, team synergy, etc. Tim's clients also benefit from his knowledge of current and emerging issues in employment law, gleaned through his active involvement in labor and employment law legislative initiatives. At all steps and in all forums, Tim recognizes that even seemingly similar disputes are unique in numerous ways and that both companies and people are individuals that deserve to be treated as such. Clients experience this perspective by being made an active part of the decision-making process as to strategy, direction, and substance.
Tim has been repeatedly ranked as one of the top labor & employment practitioners in Delaware by Chambers USA: Guide to America’s Leading Lawyers for Business. Tim has also been repeatedly selected for inclusion in The Best Lawyers in America® for employment law. And he is consistently rated as a top employment attorney by Delaware Super Lawyers and Delaware Today Top Lawyers, which has rated Tim as the top attorney in employment law for both individuals and for management. Tim is AV® rated in Martindale-Hubbell's Preeminent™ Peer Review and as a “Client Champion” based on client review.
A life member of the National Eagle Scout Association of the Boy Scouts of America, Tim has been recognized by the Del-Mar-Va Council, through the "Silver Beaver" award, for his positive impact on the lives of youth through distinguished self-sacrifice, dedication, and many years of service. Tim also previously served on the Board of Directors for the Delaware Humane Association.
Publications
- "Weed and Work, Beware of Employment-Related Provisions in Delaware Marijuana Legislation" Delaware Business May/June 2021.
- "When New Legal Authority Feels Like a Virus, 'Wear a Mask' By Learning" In Delaware Business, July/August 2020.
- "Should stereotypes (and hairstyles) be enshrined in law" In Delaware Business Times, February 4, 2020.
- Practical Law State Q&A Employee Privacy Laws: Delaware In Thomson Reuters, September 2019.
- "Sexual Harrassment in the Workplace" International Lawyers Network, Labor & Employment Group, May 22, 2019.
- "Analysis: Marijuana rulings tilt toward employee rights over employers" In Delaware Business Times, April 30, 2019.
- "Cannabis Confusion" In Delaware Business, May/June 2018.
- Whether Employees Complaining Internally to Employers Have Protection from Retaliation (a/k/a "Whistleblower Protection")
- “‘Ban the Box’ Law a Tricky New Issue for Employer” In Delaware Business, Jan/Feb. 2015.
- “The Causation Standard For Retaliation Claims Under Employment Discrimination Statutes: Ambiguity of ‘Central Importance’”, Del. L. Rev. vol. 15:1 (2014), at 71-82.
— Read Timothy’s Insights - “Four New Delaware Employment Laws That Every Delaware Employer Should Know About”
- “Recent Case Law Developments Relating to the Wage Payment and Collection Act of the State of Delaware”, Del. L. Rev. vol. 14:1 (2013), at 71-74.
- “A New Protected Class Under Delaware Law: Firefighters and Ambulance Personnel.”
- “Supreme Court Rules for Employers on Title VII Retaliation Claims.”
- “Expect the Unexpected: Labor Law Issues Impacting Non-Unionized, Private Employers.” In Delaware Business.
- “Managing Competition in the Medical Profession.” In Delaware Medical Journal.
- “Employee Furloughs . . . Saving Costs or Creating Liability?” In Delaware Banker.
- “Furlough Programs for US Employees – clever solutions or tricky traps?” In Benefits & Compensation International.
- “The Dangers in Managing Medical Leave.” In HR Times.
- “New Rule 16: Now Mandatory Alternative Dispute Resolution.” In Delaware Business Law and Litigation Report.
- “Restrictive Covenants in Employment Agreements Can Impact the Bottom Line.” In Delaware Business Law and Litigation Report.
- “Finding Fraud Perpetrated Against the State of Delaware.” In Delaware Government Legal Quarterly.
- “Good News For Reference Givers.” In DCA News.
- “Pitfalls In Maintaining Personnel Files.” In Delaware Government Legal Quarterly.
- “A Hire Standard: Improving Employee Selection Can Help Keep You Fully Staffed-and Out of Court.” HR Magazine.
- “Potential Responsibility under CERCLA: Canadyne-Georgia Corp. v. NationsBank, N.A. (South) – An Illustration of why we need a Federal Rule Defining ‘Owned’ and ‘Operated.” In Villanova Environmental Law Journal.
- “Stereotyping: Self-Perceived Masculinity in Men and Men’s Perceptions of Femininity in Women.” A Thesis Submitted to the Faculty of Xavier University.