Employment Consulting & Litigation

EM³'s Employment Consulting and Litigation practice advises companies, as well as executives and other senior-level employees, on the entire employer-employee relationship, from hiring through separation, and defends them when disputes arise. On the counseling side, the Firm advises on terms of employment, restrictive covenants, workplace policies, reorganizations, and compliance with applicable local, state, and federal employment laws. On the litigation side, the Firm represents employers and executives in a broad range of employment-related disputes, including discrimination, harassment, retaliation, wage and hour, trade secret, and restrictive covenant matters, in federal and state courts and before administrative agencies. Our practice serves clients in a variety of industries, addressing their business objectives and helping them manage employment risk.

The Firm regularly provides counseling and advice to clients on a broad range of employment matters, including employee discipline and termination, restrictive covenants, leaves of absence, reasonable accommodations and the interactive process, and compliance with employment laws and regulations.

Our counseling practice addresses the full continuum of the employment relationship. The Firm drafts and negotiates executive employment agreements, equity incentive plans, separation agreements, and retention packages on behalf of both employers and executive or senior-level employees. For companies that are growing, whether through acquisition, geographic expansion, or headcount scaling, the Firm designs compliant onboarding frameworks, employee handbooks, and workplace policies that reflect current legal requirements and industry best practices. Our attorneys also advise on classification issues (exempt vs. non-exempt, employee vs. independent contractor), multi-state compliance obligations, and the employment dimensions of corporate transactions.

Protecting competitive advantages requires enforceable restrictive covenants and robust trade secret programs. The Firm drafts and negotiates non-competition, non-solicitation, and confidentiality agreements calibrated to current enforceability standards across jurisdictions. When employees depart with proprietary information, the Firm pursues emergency injunctive relief and damages in federal and state courts. Our attorneys bring the same skills to defending executives and companies facing claims based on overbroad restraints.

The Firm conducts and advises on internal workplace investigations involving allegations of discrimination, harassment, retaliation, theft, policy violations, and executive misconduct. Our investigators follow best-practice protocols designed to produce defensible findings while minimizing business disruption. The Firm also counsels on remedial measures and documentation to reduce litigation exposure.

Our litigation team defends employers against claims of discrimination, harassment, and retaliation arising under Title VII, the ADA, the ADEA, Section 1981, the FEHA, and analogous state and local statutes. The Firm handles matters from pre-suit demand through trial and appeal, and regularly represents clients before the EEOC, state human rights commissions, and local civil rights agencies.

The Firm counsels employers on compliance with the Fair Labor Standards Act (FLSA), state wage and hour statutes, and local pay equity and transparency laws. When disputes arise, the Firm defends employers in individual and collective/class wage and hour actions in federal and state courts and before the U.S. Department of Labor.

Our litigation team represents both employers and employees in a broad range of employment-related disputes, including matters involving restrictive covenants and the protection of trade secrets and other confidential information. The cases the Firm has handled span a wide range of regulatory matters, including claims arising under the FEHA, ADEA, Title VII, and ADA, the FLSA, the FMLA, and whistleblower claims.

The Firm litigates employment disputes of all kinds in a variety of forums, including federal and state courts across multiple jurisdictions, arbitrations, and federal and state agencies. Our attorneys have particular experience in industries where employment disputes carry heightened regulatory and reputational stakes, including healthcare, financial services, and technology.

• Executive employment agreements and separation packages
• Non-compete, non-solicitation, and trade secret matters
• Workplace investigations and remediation
• Discrimination, harassment, and retaliation claims
• Restrictive covenants and employee mobility
• Multi-state employment compliance for growing companies
• Whistleblower and retaliation claims
• Wage and hour compliance