Employment

Successfully Navigate the Employment Maze

Employees are the heart of your organization, and how you interact with them will have a significant impact on your performance. These interactions are influenced by a dizzying array of employment laws and guidelines. You must pay attention to all aspects of employee contact – from hiring to compensation, charges of discrimination and discharging – to insure that your contact falls within these laws and guidelines.

Unless you are an employment professional, it is unlikely that you will be familiar with this large body of law. At Silicon Valley Law Group, we can help you successfully navigate employment rules and regulations in the most cost-effective manner. In fact, cost-containment and cost-reduction are areas we emphasize.

We provide counseling and representation to employers with respect to employment policies and practices. With many of our clients, we get involved during the early stage of a company’s development – to draft and refine employer policies and manuals and to counsel the client on preventive measures regarding employment practices.

Silicon Valley Law Group also advises clients regarding the recruitment of employees who are subject to restrictive agreements with former employers, employee raiding, protection of proprietary rights with respect to employees, and prevention of competition from such employees once they leave the company. We commonly represent employers in disputes and claims regarding employment discrimination, sexual harassment and wrongful termination. Our firm also advises clients on technology concerns in the workplace, including workplace privacy, mobile device management, “bring your own device” (BYOD) policies, and teleworking policies. We also oversee computer forensic investigations of employee misconduct, such as trade secret theft, corrupt practices, and securities fraud.

The firm represents and advises clients on employment and labor matters in both state and federal courts, and before such administrative tribunals as the National Labor Relations Board, the Equal Employment Opportunity Commission, state human rights agencies and the federal and state departments of labor.

Taking you Step by Step Through Employment Transitions

The most common situation we face in our employment practice is where a client is about to discharge an employee. Compliance with the law is key at these times. Violating the law can open your business up to liability. Our firm can help you with this process step by step to make sure your business knows what the law requires. We can give you guidance at key points along the way, such as right before the exit interview. In addition, we can provide important exit documentation to reduce your legal risk and prevent your soon-to-be former employee from stealing your company’s trade secrets and confidential information.

The other side of this scenario involves employees about to leave their companies. If you find yourself in this situation, you may be unclear about your rights. You may be wondering how much you can compete against your soon-to-be former employer. You may be weighing what you can take with you and what you need to leave behind. If you don’t have guidance from a lawyer during this critical time, you may end up violating the law in some way or triggering a lawsuit filed by your employer. Our firm can provide you crucial guidance about complying with the law, managing demands from your employer, seeking final compensation you are owed, and reducing your legal risk. It is stressful and confusing to try to resolve these legal challenges by yourself. Our firm can provide you with the advice you need to minimize risk and obtain everything you are owed.

Overview of Services

• Hiring employees
• Disciplining and discharging employees
• Drafting performance evaluations
• Reviewing pay practices
• Drafting employee handbooks
• Drafting technology acceptable use, mobile device management/BYOD policies, and teleworking policies
• Preventing and responding to sexual harassment claims
• Preventing and responding to discrimination claims
• Managing issues related to the ADA (Americans with Disabilities Act)
• Implementing Family and Medical Leave Act policies
• Drafting executive compensation and employment agreements
• Anticipating the effects on employees of a merger, acquisition or restructuring
• Counseling and litigation related to service member reemployment rights (Uniformed Services Employment and Reemployment Rights Act (“USERRA”) and California Military & Veterans Code (“Cal M & V C”))

We are happy to speak with you about an employment situation you may be facing. If your business or you individually want to explore what the law requires or your legal rights or obligations, please contact us using the web form on the right or the phone number at the top of this page. One of our employment lawyers would be happy to talk to you about your situation, without obligation, to see if our firm can be of help to you.