Our Services - Counseling
Our employment law counseling aims to educate clients so they are equipped to make the wise decisions that ultimately improve their workplaces and avoid costly employment litigation. The firm's counseling process begins with skilled, attentive listening to the client's concerns. Our breadth of experience and deep knowledge allow us to ask the right questions. We then analyze the relevant legal issues and assess the real-world impact. Finally, we help our clients understand their options and the benefits and risks of each.
We advise clients on specific ways to prevent problem situations from arising in the future through improved workplace practices, more formalized procedures or training solutions.
Our counseling services cover a wide range of employment issues, including:
Employee Discipline and Termination
- Poor job performance
- Sexual harassment
- Racial and other forms of harassment
- Theft or misappropriation of property
- Workplace violence
- Whistleblower/retaliation claims
Time Off and Disability Issues
- Leaves of absence (Family and Medical Leave Act, California Family Rights Act, etc.)
- Time off and attendance problems
- Disability accommodations (Americans with Disabilities Act)
Employee Relations
- Changes in company policies
- Rollout of new programs
- Promotions, bonus and compensation determinations
Company-Wide Determinations
- Restructuring, reductions in force, layoffs
- Protection of trade secrets, confidential and proprietary information
- Electronic monitoring
Written Agreements
- Employment and severance agreements
- Confidentiality and proprietary information agreements
- Arbitration agreements
- Independent contractor agreements
Common questions that arise are:
Q: Is this termination legally defensible?
A: To respond to this question, we will examine the facts from an objective standpoint and ask pointed questions before analyzing and presenting the continuum of risks attendant to a termination decision.
Q: Do we have to have documentation before we can terminate?
A: In general, a documented record establishes the rationale behind a termination decision and is a good business practice.
Q: What are our obligations when an employee complains of harassment?
A: Employers are legally required to investigate all complaints of harassment, regardless of the level of perceived seriousness or validity. Employers must then take the remedial action that will end any harassment that is discovered.