Employment Law and Litigation

The experienced attorneys at Pierce & Kwok LLP regularly advise our business clients on a wide array of employment law matters, ranging from pre-employment screening to post termination issues, and everything in between.  We provide our clients with the tools to grow a thriving business while ensuring compliance with the applicable laws and regulations. Our employment litigation practice aggressively defends our clients in employment cases in administrative agencies, arbitral forums, and state and federal courts. Areas covered include:

  • Employment discrimination litigation in state and federal court pertaining to race, sex, sexual harassment, sexual orientation, religion, national origin, age, color, disability, alienate, and any other legally protected category
  • Restrictive covenant cases involving non-compete, non-solicit and theft of trade secret claims;
  • Workforce restructuring;
  • Compliance with complex U.S. and non-U.S. statutes,
  • Independent contractor and Fair Labor Standards Act classification and related wage and hour issues;
  • Misclassification of worker claims
  • Equal Pay Act claims
  • Family and Medical Leave Act claims
  • Employee Retirement Income Security Act (ERISA) claims
  • State law tort claims (e.g., defamation, intentional infliction of emotional distress, assault and battery)
  • Federal and state civil rights laws claims
  • Breach of contract claims
  • Payment of wage claims
  • Labor injunctions
  • Disputes over unfair labor practices

Clients also consult us on matters related to drafting company personnel policies and handbooks, immigration compliance, investigation of employee complaints, and mediation and resolution of particular employee situations.  Our goal is to help our clients proactively avoid legal liability under labor and employment laws.

Employment Contracts

Additionally, we regularly negotiate, draft, and review all sorts of employment agreements, including the following:

  • Employment contracts and employment agreements;
  • Compensation agreements; executive employment agreements;
  • Non-compete, non-solicitation and trade secret agreements;
  • Restrictive covenants;
  • Covenants not to compete;
  • Gardening leave agreements;
  • Settlement negotiations and settlement agreements;
  • Severance negotiations and severance agreements;
  • General releases and release agreements; and
  • Independent contractor agreements.

Employment Law Compliance Training

The Law Office of Pierce & Kwok, PLLC regularly provides training for business and not-for-profit owners, executives, supervisors, and employees on how to comply with federal, state, and local labor, employment and immigration laws, including sexual and other forms of harassment, retaliation, workplace violence, and diversity and sensitivity.

With state and federal agencies reporting record complaints being filed at their agencies by disgruntled employees, the prudent employer must take steps to insulate themselves from liability for acts committed by wayward employees and managers.  Studies show that employers that take a proactive approach to EEO law compliance generally have higher levels of employee morale and productivity.  Thus, company executives need to view EEO compliance not just as a matter of avoiding liability (which is very important considering multi-million dollar judgments plaintiffs have won against employers), but also as a matter of increasing profitability.  In short, a commitment to serious EEO law compliance is a win-win for employers and employees alike.

With the experience and expertise of a large law firm, and the flexibility and lower costs of a small law firm, Pierce & Kwok LLP is committed to ensuring that small and mid-sized companies and not-for-profits have access to competent representation in employment law matters at rates that are reasonable and affordable.  Call us at (212) 882-1752, or contact us online.