Executive Employment Agreements

Employment agreements for corporate executives can be complex. These agreements include complicated compensation structures and post-employment restrictions that could have lasting implications on your career: Forfeiture clauses; restrictive covenants; claw-backs; non-ERISA vs ERISA plans.

Non-Compete Agreements

Employment agreements may contain covenants not to compete, which restrict your employment options upon separation. Generally speaking, it’s not illegal – or uncommon - for a company to ask its employees to sign a non-compete agreement after hiring them.

Non-Solicitation Agreements

Under a non-solicitation agreement – also known as a “no poach” agreement -- an employee agrees not to “solicit” the company’s other employees to leave the company. A non-solicitation clause could also refer to an employee’s agreement not to “solicit” the company’s clients or customers or to encourage them to leave the company. But what happens if a current company employee solicits a former employee? Or if a current company client reaches out to a former company employee? The facts of your situation, and the law of your state, will influence what a former employee can and cannot do after signing a non-solicitation agreement.

Separation Agreements

Successful separation negotiations aren’t just about severance pay. Although we always want to maximize benefits for our client, a good separation agreement also looks to minimize the impact of the separation on your future and give significant immediate value in the transition to new employment.

Human Resources & Advice for Employers

For any business, its employees are its lifeblood. Loss of even one good employee can wreak havoc with customer relations and production – especially for a small business. You want to be a good employer so that you can retain and recruit talent easily. You strive to be good employer to avoid the drama, lost time, cost, and unnecessary troubles that come with poor and inconsistent management. And throughout, you must be a law-abiding employer. This is a lot to handle – especially when you are not an expert in human resources and employment law.

Employers need help navigating the endless employment and labor laws so they can avoid lawsuits and workplace disputes. Small businesses and non-profit organizations face the same obligations towards their staff as big and corporate employers, but without the same resources, like an in-house Human Resources department or a large law firm on retainer. Who wants to spend time learning how to hire and fire employees when they are trying to cultivate business and build a brand?

As an employer, you have obligations to comply with state, local and federal laws on nearly everything relating to your staff. From overtime to OSHA, you face liability if you don’t know and meet your legal obligations. Whether you’re looking for an Employee Handbook, advice on how to deal with an employee who needs an accommodation, the impact of legalized marijuana on your staff, or training on sexual harassment, we can help.

You need to know how to make sure you meet your duty to respect these rights:

Right to a safe workplace
Right to a fair wage
Right to be free from discrimination and harassment
Right to be free from retaliation
Right to privacy

You don’t need a lawyer’s help on each of your staffing decisions. You don’t need a lawyer every time you discipline or even fire an employee and you certainly don’t need one every time you hire new staff. But wise use of an employment lawyer at the beginning can help you initiate and foster good employment practices that help you avoid lawsuits.

When an employee claims unfair treatment, or when you feel like a workplace disagreement spirals out of control, it could be too late. You want to avoid problems before they happen. Avoid issues by tapping our knowledge – it can be less expensive than you might think. Similarly, if you are thinking about expanding or are bringing on more remotely-sited employees, an attorney can help you update existing policies to better respond to a mobile workforce and comply with laws across multiple states.

We specialize in helping progressive businesses, non-profits, unions, and small employers navigate the confusing and seemingly contradictory laws, rules and regulations to ensure they don’t make a fatal misstep. If you’re not sure whether you need a lawyer to help your business, call us to find out. During our intake process, we will talk with you briefly, but enough to get a sense of whether we think we can help you, whether we’re the right firm for your needs, or whether it’s premature to meet with us.

If you know your organization needs a lawyer, don’t delay in finding one. Delay can cause misunderstandings and liability and can make an uncomfortable situation go from bad to worse.

Employee Handbooks

Is your business required to have an Employee Handbook? Technically, no, but if you have even one employee, state and federal law requires that you give your staff written notices of their rights. More importantly, without an Employee Handbook, your employees might develop misunderstandings about their obligations to the organization and the scope of their rights within the organization. Read more »

Hiring & Firing

Most businesses believe they don’t need guidance when hiring new staff. It’s an exciting time for the organization as well as the new employee, and no one wants to think about what might happen if things don’t work out. Although this initial phase of the employment relationship is usually positive and optimistic, it’s important to start the relationship with clear understandings. Read more »

Management Investigations

When an employee alleges discrimination or sexual harassment, the employer must investigate the claims – and promptly. Not only is an investigation legally required – it’s also a smart business practice. By conducting the right investigation, we can help you reduce exposure, minimize costs and liability, avoid collateral damage, and restore your business to normal.

Workplace Training

Your organization can avoid liability and enhance comradery by providing smart training to your staff. We offer training on workplace issues, including the following: