Employment Law

F&E’s Employment Law practice combines transactional and compliance counseling with litigation and dispute resolution services. We provide advice and representation to our business clients in the following areas:

Trade Secret Protection/Restrictive Covenants

Employers use confidentiality, non-competition, and non-solicitation agreements to prevent and combat the damage former employees can set in motion. F&E drafts these restrictive covenants and enforces them—whether through negotiation, arbitration, or preliminary and permanent injunctions in state and federal courts. We also represent employers in fights to invalidate overly broad restrictive covenants that hamper their efforts to onboard new hires and defend our clients against claims of tortious interference and unfair competition.

Creating enforceable agreements that align with our clients’ business goals are imperative. F&E’s employment lawyers collaborate with clients to carefully identify categories of business-critical information and weigh other factors so that the resulting contracts will stand up in court.

With extensive experience litigating such agreements on behalf of both employer and employee clients, F&E provides reliable, practical advice on the scope and enforceability of such agreements.

Executive Employment Agreements

F&E represents both employers and senior management employees in connection with the drafting and negotiation of executive employment agreements and the related offer letters and amendments. With several attorneys who have prior work experience as executives of large enterprises, we think we bring a practical, real world perspective to projects that can be intensely personal for the parties involved.

When these important employment relationships end, either voluntarily or involuntarily, we represent clients negotiating the separation agreements that document severance payments, continued benefits, and other post-employment obligations.

F&E’s employment lawyers also assist clients with the design and implementation of compensation and benefits packages that comply with current regulatory requirements, attract and retain key employees, and maintain fiscal responsibility and fiduciary obligations.

Regulatory Compliance

Every business must navigate through a sea of federal, state and local labor laws when managing its employees. F&E’s employment lawyers provide compliance advice and counseling in connection with:

  • Affirmative action and equal employment opportunity (EEO) laws
  • Wage & hour laws and the Fair Labor Standards Act (FSLA)
  • Americans with Disabilities Act (ADA) and Family & Medical Leave Act (FMLA)
  • Employee versus independent contractor issues
  • Overtime pay requirements and exemptions

We guide clients through the establishment and updating of compliance policies and procedures, including the drafting of employee handbooks and standard forms.

Employment Litigation

With businesses increasingly reliant on intellectual property and trade secret assets, employee mobility can often lead to disputes that cannot be resolved amicably. F&E’s employment lawyers represent employers and senior executives in litigation and arbitration proceedings involving:

  • Trade secret misappropriation
  • Breach of noncompete agreements
  • Unfair competition
  • Disclosure of confidential information
  • Tortious interference with business relations and contracts

We also counsel and defend employers in claims and litigation involving:

  • Discrimination, harassment, and retaliation claims based on every protected class (including age, race, gender, sexual orientation, disability, religion, and national origin) and arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and similar state anti-discrimination statutes
  • The Family and Medical Leave Act
  • The Equal Pay Act
  • Whistleblowing
  • Employment at-will, wrongful discharge, and employment tort claims, including claims for defamation and emotional distress
  • Wage and hour law claims and investigations
  • Employee benefits disputes arising under ERISA

F&E’s employment lawyers have significant experience representing businesses and employees in state and federal courts, as well as before state civil rights agencies.

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