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EMC2 provides employment legal services to companies on a wide array of matters, including:

Hiring

  • Hiring and recruiting practices, including background checks, applications, offer letters, job descriptions,
  • Executive compensation and employment agreements
  • Proper classification of exempt/nonexempt employees and independent contractor arrangements
  • Recordkeeping and required filings
Policy Matters
  • Creation and implementation of employee handbooks
  • Discrimination and harassment policies
  • Leave policies
  • Proprietary information and related trade secret policies
  • Grievance and disciplinary procedures
  • Housekeeping matters, including vacation/PTO, and payroll practices
  • Employment law compliance audits
Employee Relations
  • Evaluations and probationary periods
  • Proprietary information protection
  • Leave requests and extensions
  • Performance problems, corrective actions, and disciplinary procedures
  • Workplace disputes and resolutions
  • Handling and investigation of discrimination and harassment claims and workplace violence issues

Conclusion of the Employment Relationship
  • Termination considerations, decisions, and risk assessment
  • Severance packages and negotiations
  • Reductions in force
Disputes
  • Investigation, advice, negotiation, mediation and resolution of claims, including discrimination, harassment, wage and hour disputes, employee classification, and trade secret misappropriation
  • Representation before state and federal agencies, including EEOC, DFEH, DLSE, EDD, OSHA and Department of Labor


  • Conduct independent workplace investigations into issues of discrimination, harassment and workplace misconduct
  • Conduct training sessions on managing within the law, discrimination and harassment prevention and intellectual property employment issues

EMC2 advises individuals in the following areas:

Employment and Severance Agreements

  • Evaluation and drafting of term sheets
  • Analyzing and understanding agreements and entitlements
  • Negotiating and drafting agreements

  • Supplemental employment counseling services to other law firms and their clients
  • Serve as individual counsel to executives and board members in the event of law firm conflicts of interest