Kimberly Fatica

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Kim concentrates her practice on the representation of employers in all aspects of employment law. She represents companies in both state and federal courts and before administrative agencies defending employment-related claims. Kim counsels employers regarding compliance with employment laws and on issues involving post-employment restrictive covenants. She has significant experience litigating the enforceability of post-employment restrictions, including injunction proceedings relating to such litigation.

Representative Matters

  • Representing employers in employment-related litigation involving claims based on state and federal statutes as well as common law torts.
  • Litigating, and giving advice on, the enforceability of post-employment restrictive covenants.
  • Counseling employers regarding policy and handbook development.
  • Counseling employers regarding employee discipline and termination issues.
  • Counseling employers regarding compliance with state and federal laws, including the Americans with Disabilities Act and the Family and Medical Leave Act.
  • Investigating allegations of workplace discrimination, harassment, and retaliation.
  • Representing employers before state and federal agencies, including the EEOC, ACRD, and DOL.

Awards & Recognitions

  • Chambers USA: Labor and Employment (2015 – present)
  • The Best Lawyers in America©: Employment Law – Management (2011 – present); Litigation – Labor and Employment (2011 – present)
  • Best Lawyers®: 2015 and 2017 Employment Law – Management “Lawyer of the Year” in Phoenix
  • Southwest Super Lawyers: Employment and Labor Law (2010 – present)
  • Martindale-Hubbell® AV Preeminent® rated

Education & Admissions

  • J.D., Case Western Reserve School of Law, 1989; summa cum laude
  • B.S., Ohio State University, 1986; cum laude
  • Admitted in Arizona, 1992
  • Admitted in Ohio, 1989 (inactive)