Employment Law

We work closely with clients to understand their businesses and challenges, and counsel them on everything from day-to-day human resources issues to employment litigation.

Decades of practicing in all areas of employment law have made us highly skilled at anticipating and expertly preparing for the opposition's arguments, resulting in the successful resolution of matters that include wage and hour claims, discrimination, wrongful termination, sexual harassment, trade secret litigation and whistle blowing. McManis Faulkner clients come from a wide variety of industries -- technology, gaming and hospitality, real estate, retail, restaurants and healthcare, to name a few.

The modern workplace is subject to a myriad of state and federal rules and regulations. We work with companies of all sizes to educate and train their human resource departments, management, and staff, so they are better informed about employment law requirements in the workplace.

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  • Wage & Hour

    Compliance with federal and state wage and hour laws is critical to a successful business. Failure to do so can create significant liability. McManis Faulkner’s Employment Team specializes in advising and defending employers in every type of wage and hour matter, such as claims for overtime, missed meal and rest breaks, unpaid commissions, and paid time-off.  

  • Discrimination & Harassment

    McManis Faulkner’s Employment Team specializes in representing employers against claims of discrimination, retaliation, and harassment, and have successfully defended numerous employers and individual executives in trial and before administrative agencies. The Employment Team also collaborates with employers to ensure that the appropriate policies and practices are in place to help prevent claims of discrimination and harassment. 

  • Disability Accommodation

    Navigating the various federal and state laws that apply when accommodating an employee’s disability can be a complicated process. McManis Faulkner’s Employment Team specializes in guiding employers through the accommodation process with legal expertise and a practical approach.  The Team also specializes in defending employers accused of failing to reasonably accommodate an employee’s disability.

  • Non-solicitation & Trade Secrets

    Protecting a company’s trade secrets and defending itself against a competitor’s unfair business practices is of critical importance to any business. Threats to a company’s trade secrets and proprietary information can occur when a former employee leaves to work for a competitor.  McManis Faulkner’s Employment Team specializes in protecting a company’s critical information in these sensitive situations.

  • Senior Level Executive Agreements

    Senior executives often find themselves negotiating with their companies regarding the terms of their employment, compensation, and transition arrangements. McManis Faulkner’s Employment Team represents Silicon Valley senior level executives in contract negotiations, such as executive employment agreements, charge-of-control agreements, and agreements involving incentive compensation, retention, and severance.

  • Workplace Restraining Orders

    When threats of potential violence or harm are made in the workplace, whether by a current or former employee, or by a nonemployee, it is critical for an employer to retain experienced legal counsel that can quickly address the potential threat with every legal means available. McManis Faulkner’s Employment Team are experts in obtaining workplace violence retraining orders to address the immediate threat, while also coordinating a plan to ensure the long-term safety of an employer’s workplace.

  • Flat Fee Advice & Counsel

    Equipped with diverse legal expertise and business acumen, our team is trained to look ahead to avoid potential issues that may occur in your business.  Think of us as an extension of your HR or legal team. Our flat fee option (PDF) provides consistency in the budget and allows for forecasting of advice and counsel needs.