Employment Law

At the Kraeber Law Office, we advise employers and employees on all aspects of the employment relationship, and represent both employers and employees when lawsuits or administrative actions are threatened or occur.

More specifically, our services include:

Employment Agreements/Contracts

If your company would like to enter into an employment-related contract, or you have been presented with a contract, it is always advisable to first consult a professional regarding your rights and obligations under that contract. We have over 75 years experience in employment law matters and can advise you regarding a variety of agreements including:

  • Individual and executive employment agreements
  • Non-competition agreements
  • Non-disclosure agreements
  • Severance agreements
  • Consulting agreements
  • Commission agreements
  • Employee profit-sharing agreements
  • Independent contractor agreements
  • Restrictive covenants, including non-compete and non-disclosure

Unfair Competition and Restrictive Covenants

We can assist clients in crafting documents to protect their intellectual property and in assessing the enforceability of agreements and policies to which they may be subject. We regularly advise clients on issues relating to unfair competition, trade secrets, covenants not to compete, and other restrictive covenants.

When disputes arise, we have extensive experience in representing both employers and employees in lawsuits alleging unfair competition and misappropriation of trade secrets, as well as cases in which temporary restraining orders or other injunctive relief are sought.

Unlawful Discrimination and Harassment

We also provide advice, counseling, and representation related to all forms of prohibited workplace discrimination, including race, gender, age, disability, religion, color, and national origin under both federal and state law; SB 1825 sexual harassment prevention training; responding to and/or investigating claims of sexual harassment; preventative measures to avoid sexual harassment; and advice and representation for employees sexually harassed.

Wage and Hour Issues

We also provide advice and specific recommendations on various wage and hour issues, such as:

  • Exempt and non-exempt classifications
  • Independent contractor vs. employee classifications
  • Compliance with overtime laws
  • Alternative work schedules
  • Compensatory time off
  • Commission agreements
  • Meal and rest periods

Wrongful Termination Litigation

We have extensive experience in representing clients in all types of wrongful termination lawsuits, including cases involving allegations of breach of contract, discrimination, retaliation, and termination in violation of public policy.

We also work closely with clients from the outset of the case to analyze the case carefully, learn the client's goals and achieve them in the most timely and cost-efficient manner possible. We regularly handle cases in both state and federal court and also have experience in representing clients in administrative and appellate proceedings arising from wrongful discharge cases.

Litigation and Administrative Hearings

While it is our goal to help clients avoid litigation, we recognize that litigation can, at times, be an unavoidable reality. We have over 75 years of extensive experience counseling and representing clients in a wide range of employment disputes, including:

  • Wrongful discharge and termination
  • Employment discrimination
  • Sexual harassment
  • Retaliation
  • Breach of contract
  • Unfair competition
  • Wage and hour disputes
  • Benefits litigation, including unpaid commissions, vacation pay and severance

In furtherance of our overriding goal of assisting clients in avoiding lawsuits, we advise and counsel clients regarding proper classifications of exempt and nonexempt employees, and independent contractors; reviewing overtime calculations; OSHA investigations and citations; preparation, development or assessment of workplace safety programs; risk assessment; and preparation of personnel manuals.

Personnel Policies

We regularly draft and revise documents typically used by employers in the course of managing their personnel, including:

  • Employee handbooks and individual personnel policies
  • Applications for employment
  • Employment offer letters
  • Employment contracts
  • Commission plans and agreements
  • Performance review forms
  • Disciplinary memoranda
  • Documents relating to leaves of absence
  • Arbitration agreements
  • Severance agreements