Employment Law

The Firm has significant experience litigating disputes arising from the employment relationship and advising employers and employees in such matters. We represent clients in industries including construction, technology, financial services, advertising, recruiting, manufacturing, and education, among others. We have successfully litigated numerous wrongful termination matters, and contract and tort actions arising in the employment context.

This Firm has particular experience in the area of employee non-competition, non-solicitation, and non-disclosure agreements. On behalf of employers, we have successfully enjoined violations by departed employees. We have also successfully represented departed employees and new employers resisting the application of such agreements to their competitive activities.

We consult with businesses regarding employment agreements, independent contractor agreements, restrictive covenants, wage and hour issues, employee and supervisor policies and handbooks, payroll practices, FLSA issues, equity rights, and other issues. We also often counsel executives and select, typically high worth, individuals regarding employment agreements, stock agreements, severance payments and severance packages.

Matters we have handled for clients include the following:

• Represented company in action against three former employees who were competing against company in violation of non-competition agreements. After obtaining preliminary injunction against the defendants, action settled on favorable terms.
• Obtained preliminary injunction on behalf of client company enforcing non-competition agreement against former employee in retail industry, leading to favorable resolution of dispute.
• On a motion for summary judgment, obtained significant sum for client arising from wrongful termination of ERISA disability benefits.
• Represented the sponsor and two participants of a 401(k) retirement plan in an ERISA action against the plan administrator alleging that the administrator had wrongfully withheld benefits owed. Within a month after filing the action, the firm obtained all of the funds that the plan had wrongfully withheld, together with attorney’s fees.
• Represented numerous senior executives of public and private companies in connection with negotiating employment, severance, equity ownership, and similar agreements.
• Secured a beneficial settlement for former employees of a technology company and their new company in multi-state litigation charging unfair competition, trade secret theft and fraud arising from the filing of certain patent applications.
• Represented privately held company and principal owner in wage act complaint by former employees. We resolved the individual complaints and effected an omnibus settlement of all claims with the Attorney General.