Employment Law and Defense

To build and maintain a workforce that powers sustained success, employers must carefully craft policies and agreements that effectively manage legal risk and foster a productive culture.  They must vigorously protect their rights when claims of wrongdoing arise. Wolf Wallenstein lawyers have assisted employers in navigating these critical and often delicate issues, seeking cost-conscious solutions tailored to specific circumstances and client needs.

Our lawyers regularly counsel businesses and nonprofit organizations in policymaking and personnel matters. Informed by our related litigation work, we help employers establish and follow the guidelines and processes necessary to avoid violations of federal employment laws such as the Fair Labor Standards Act, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and others. Additionally, we have significant experience assisting California employers to ensure compliance with the state’s Fair Employment and Housing Act (FEHA), one of the most comprehensive anti-discrimination laws in the country. This includes the preparation of employee handbooks and manuals, as well as the negotiation and drafting of separation agreements, confidentiality agreements, accommodations, non-competes, and compensation agreements.

Wolf Wallenstein attorneys also serve as advocates defending employers in federal and state courts, in administrative proceedings before the U.S. Department of Labor, the California Department of Fair Employment and Housing (DFEH), the California Division of Labor Standards Enforcement (DLSE) and other relevant agencies, and in mediation. We have prevailed against employee claims alleging wrongful and constructive termination, discrimination, harassment, retaliation, unpaid wages, failure to accommodate and hostile work environment, and have handled associated whistleblower (qui tam) complaints. In addition, our lawyers have successfully defended and prosecuted cases involving non-compete and non-solicitation agreements within employment contracts, as well as theft and other conduct by employees leading to termination.

To address these claims, we work closely with clients to fully understand the situation at issue and align our planning with their goals. Our attorneys seek speedy resolutions, securing the dismissal of plaintiff allegations via summary judgment motions and negotiating consent orders or early settlements where possible. To prepare for a potential trial, we conduct thorough discovery and depositions, which can also contribute to recovering attorneys’ fees, and incorporate expert opinions as needed. In the event that a case proceeds to a jury, we bring to bear extensive in-court advocacy experience. Throughout these matters, clients rely on Wolf Wallenstein for practical knowledge and creative problem-solving to achieve their desired results.