Workplace Counseling and Investigations

Weil is called upon regularly to provide employment counseling, develop employment policies and procedures, and investigate sensitive employment issues, often confidentially, for our clients.
While large-scale class and collective actions and major trade secrets litigation are two pillars of our Employment Litigation Practice, another is our counseling and investigatory capabilities. Weil advises and counsels our clients, their boards of directors, board and management committees, and senior management on highly sensitive internal investigations, internal employment compliance audits, diversity initiatives, and compensation arrangements.
Our primary areas of expertise include:

  • Advising clients regarding formal and informal complaints of whistleblowing, discrimination, harassment, and other workplace violations and matters.
  • Advising clients regarding all aspects of workplace change and restructuring, including federal and state Worker Adjustment and Retraining Notification Act issues, severance plans, retention agreements, and compensation and benefits issues.
  • Advising and creating appropriate documentation for workforce reclassifications, including issues involving potential back pay, front pay, timekeeping, and benefits.
  • Developing policies and advising/training human resources and employee-relations personnel on proper investigative techniques and procedures for handling internal complaints by employees.
  • Conducting workforce classification audits regarding exempt/non-exempt and independent contractor classification.
  • Representing private equity firms, parent corporations, and/or their boards in restructuring the workforce of their portfolio companies and/or subsidiaries, including negotiating the separation and hire of all senior executives and advising on broader workforce restructurings and reductions in force.
  • Advising on all wage and hour practices for employees, including advice regarding compensation, timekeeping practices, remote working arrangements, pre-shift and post-shift work, and meal and rest-break issues.
  • Advising on all contingent workforce issues, including negotiating vendor agreements and developing staffing protocols with staffing agencies, Professional Employer Organizations and/or employee leasing firms.
  • Developing best practices for use of criminal background and credit information of applicants consistent with evolving Equal Employment Opportunity Commission (EEOC) guidance, including creating decisional matrix documents, governing documents for decisional committees, and negotiating revised background check policies and practices via conciliation with the EEOC.
  • Advising employers on the development of affirmative action plans. 
  • Developing policies and best practices for English fluency employment requirements and “English-only” rules on the job, consistent with EEOC guidance.

Representative Matters

American Realty Capital Properties Audit Committee

Confidential Performing Arts Organization

Confidential Financial Services Company

Confidential Hotel Company

Confidential Hotel Company

Luxury Consumer Products Company

Restoration Hardware

Confidential Executive Search Firm

National Public Radio

In the area of Employment Counseling, clients note that Weil “has proven to be very responsive to our needs and has secured terrific results.”

Legal 500 US

Our clients regularly turn to our Employment Litigation Practice for counseling and advice, as well as when tough judgments, reputational issues, or more complex matters are presented.