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Eaton & Van Winkle's Labor and Employment group works closely with employers of all sizes (from small private companies to large public companies), domestic and foreign, in developing proactive legal approaches to their employment relations. Drawing on our extensive experience as litigators and corporate lawyers, we help our clients to tailor their contracts, policies and procedures to minimize risks, to best take advantage of changing regulations and case law, and to support their long term business objectives. 

We provide a full range of legal services (counseling, drafting, negotiation, and litigation where necessary) with respect to hirings, firings, layoffs, executive severance, disciplinary actions, employment discrimination claims and other employee grievances, benefit and retention programs, and the employment aspects of acquisitions, dispositions and financings.

        The following are some advantages of our interdisciplinary approach:
 

  • Employment contracts, non-competition, confidentiality and severance agreements are negotiated and drafted by experienced litigators who have a record of successfully enforcing their provisions in court, and who understand their relationship to the law of trade secrets and unfair competition as well as labor and employment law;
  • Employee compensation and retention plans, executive compensation agreements and shareholders' agreements are drafted by corporate attorneys who understand and can explain the impact of their provisions (including equity compensation) on planned and potential acquisitions, dispositions, financings and corporate restructurings;
  • Claims by employees and administrative agencies (such as the EEOC) alleging racial, gender, age or disability discrimination in hiring, firing, promotion or terms and conditions of employment, or alleging sexual harassment (including "quid pro quo" or "hostile environment" sexual harassment) are handled from initial investigation through disposition with the guidance of litigators who understand how to create an admissible evidentiary record, and can realistically assess the clients' risks based upon extensive experience defending such claims;
  • Qualified plans, ESOPs and other welfare and benefit programs are reviewed by experienced tax and corporate attorneys who can explain the tax implications and fiduciary obligations resulting from such plans and programs; and
  • Document and information security policies, and consulting and service agreements involving computer software and proprietary technology are drafted by attorneys experienced in intellectual property and computer law.