Advice, Counseling and Personnel Management

To assist our clients in navigating through thorny workplace issues and to reduce the likelihood that our clients will become embroiled in litigation, we focus on counseling clients on both the legal and practical aspects of employee relations and personnel management. We also assist in the drafting of personnel policies and employment-related documents, and regularly counsel our clients with respect to all aspects of employment law.

Our practice in this area includes:

• Preparing documentation key to the employment relationship, including offer letters, incentive compensation plans, retention agreements, consulting agreements, and non-competition, non-solicitation and non-disclosure agreements.
• Preparing and/or revising employee handbooks and personnel policies, including family, medical, and parental leave, paid time off, drug and alcohol, workplace violence and absenteeism policies.
• Conducting employment practices audits, including FLSA audits.
• Counseling employers on:
• the myriad of workplace privacy and security issues, including monitoring of electronic communications, protecting intellectual property, and exit interview procedures to ensure the return of all company property;
• employee performance and conduct, including preparing performance reviews, performance improvement plans, and discipline, up to and through termination of employment; and
• leave of absence and attendance issues, which involve the complicated intersection of the ADA, FMLA, workers compensation and applicable state laws. In addition, we assist employers in working their way through the ADA’s interactive process, including reasonable accommodation issues.
• Assisting employers with workforce reductions, including a disparate impact analysis, preparation of termination-related documents, and strategies to avoid liability under state and federal plant closing and employment discrimination laws.