Attorneys in the Employment Group defend employment claims, including individual and class and collective actions related to wage and hour practices, misclassification, discrimination, harassment and wrongful discharge claims, family and medical leave claims and whistleblower claims, and prosecute and defend non-compete/restrictive covenant claims. We litigate practically but aggressively, and regularly represent clients in state and federal courts and in arbitration across the country. We also have significant experience representing clients before local and state administrative agencies on employment-related matters. Throughout the litigation process, our attorneys will continuously evaluate the matter to determine if efforts to resolve the matter may be beneficial to our clients’ interests and represent clients in mediation and other dispute resolution in an effort to reach a favorable result.
Employment Policies and Practices
We review and conduct risk assessments of our clients’ employment practices and draft and/or review workplace agreements, manuals, policies and procedures to ensure compliance with rapidly changing laws and regulations. We counsel our clients on employment issues as they arise, handling matters pertaining to interviewing and hiring, wage and hour compliance, medical and other leaves of absence, performance management, reasonable accommodations, protecting proprietary and confidential information, social media and electronic communications use by employees, termination and severance, discrimination and harassment, workplace investigations and other matters.
We offer employment training customized to our clients’ needs and challenges. Our dynamic and interactive training provides critical information and skills to management and human resource professionals on a broad range of workplace topics in an effort to prevent employment disputes and minimize exposure and potential liability.
When internal complaints are raised, our attorneys advise on, oversee and conduct investigations relating to workplace issues including harassment, discrimination, retaliation or whistleblowing claims.
Compensation and Benefits
Our attorneys help clients design and implement executive compensation, equity compensation and long-term incentive plans and arrangements. We counsel clients on the legal and practical ramifications of such plans and arrangements, and draft and negotiate executive compensation agreements.
We help executive clients negotiate the best possible compensation, benefits, bonuses and terms for their prospective employment, while simultaneously ensuring that they are protected from unfair and unreasonable obligations. We also regularly assist executives in negotiating exit packages upon termination of employment.
M&A Advisory Services
In the Employment Group, we advise employers on the challenges related to corporate transactions and assist clients through every stage of a transaction involving buying, selling and/or merging publicly- or privately-owned businesses. We conduct due diligence and risk assessment, draft and review representations and warranties and closing conditions assist with hiring, transitioning or integration of employees, benefit plans or companies, and analysis of noncompetition and other related items.
The employment arena can be very complex. MSF’s Employment Group assists clients as they navigate through rapidly evolving employment laws and regulations, and delivers business minded, creative and practical advice to solve problems and mitigate risk. Our clients run businesses across a wide variety of industries and range from family offices and startups to more established privately held and publicly traded companies. We represent both U.S. companies as well as international companies with operations or looking to establish a footprint in the U.S. In addition to our management side practice, we also represent executives in negotiating employment agreements, restrictive covenant agreements and separation agreements and in enforcing their rights under such agreements.
The Employment Group is composed of attorneys with broad-based experience in employment law. Our attorneys have experience in both law firm and corporate in-house environments which provides our clients unique access to strategic minded business partners who understand the corporate world. We assist our clients in proactively addressing, and if necessary, defending against, an assortment of employment issues that arise throughout every phase of the employment relationship from pre-hire to post-termination. Our practice includes advice and counsel on interviewing and hiring, background checks, personnel policies, employment agreements, wage and hour compliance, compensation and benefits, medical and paid family leave, training and investigations, termination, layoffs, separation agreements discrimination, harassment, independent contractor compliance and pay practices audits and other employment law matters.
We work with clients to proactively identify risks and craft strategies to help employers avoid exposure to litigation and employee disputes. When disputes arise, we work closely with our clients to analyze the risks, costs, and available options. When litigation is necessary, we aggressively represent our clients.
The Firm’s Employment Group is active in the following areas: