Employment Law

Overview

Tannenbaum Helpern’s team of employment lawyers possesses the legal acumen and business insight necessary to provide comprehensive and practical advice to employers to ensure the smooth operation of their businesses and to minimize their financial exposure in the face of day-to-day employment related decisions.

We pride ourselves on maintaining a personalized relationship with all of our clients. Our understanding of each of our clients’ unique business cultures, goals and objectives provides a foundation for the counsel we provide. This allows us to provide effect legal counsel by integrating the ever changing world of employment law with our clients’ existing human resources protocols and practices.

Our attorneys strategize with clients to formulate plans of action to deal with all issues affecting their workforces. We understand the importance of quick responses when dealing with fluid employee situations. Our clients span all industries and include all types of businesses, from restaurants to real estate companies, from staffing firms to technology companies, and from retailers to hedge funds.

Human Resource Compliance

Human resource and business professionals struggling with the legal aspects of their employee policies and practices count on our support and expertise. We advise clients on strategic compliance with the vast array of employment laws and regulations and provide daily counsel on issues such as pre-employment inquiries, unlawful interview questions, disability accommodations, drug testing, background checks, harassment investigations, social media and the Family and Medical Leave Act.

We offer clients the opportunity to participate in our HR monthly retainer program through which our employment lawyers provide comprehensive legal support and advice as needed with respect to human resources issues and policies for a fixed monthly fee.

Employment Dispute Resolution

We handle all forms of employment dispute resolution, including matters before federal and state courts and agencies, and we regularly assist clients subject to audits by agencies such as the U.S. and New York State Departments of Labor.

Our attorneys have litigated the enforceability of hundreds of restrictive covenants in different jurisdictions, which provides our team with a unique proficiency in this area. It is this expertise, coupled with an intimate knowledge of our clients and their businesses, which enables us to quickly analyze and act in a variety of situations, and effectively assist them in determining whether an aggressive defense, quick settlement or course of action somewhere in between is the best option.

In addition, our attorneys defend and counsel businesses on claims brought under Title III of the Americans with Disabilities Act (ADA), which prohibits barriers in public accommodations that block full access for persons with disabilities.

Workplace Investigations

Whether an allegation precipitates an investigation that leads to a full corporate crisis, or an organization is focused on a regional or enterprise-wide cultural assessment, Tannenbaum Helpern attorneys work side-by-side with employers to conduct critical, time-sensitive and carefully executed workplace investigations that engage clients and their employees without creating undue disruption to the workplace. Our lawyers pinpoint the root issue and cause of concern and provide comprehensive investigative reports to Boards of Directors and other key stakeholders, guide clients in corrective action to minimize exposure to liability and create a plan to resolve their conflicts and move their businesses forward.

Our highly responsive team, which includes a former criminal prosecutor, has conducted workplace investigations for privately held and public company clients in numerous industries, including pharmaceutical, technology, fashion, FinTech, investment management, construction, and staffing, concerning allegations of sexual harassment, age, race, disability and gender discrimination, retaliation and harassment, employee misconduct, whistleblower-policy related claims, workplace assault, and employee theft, among others.

Employment Manuals & Policies

Businesses are well-served by our knowledge in crafting and implementing policies and procedures designed to further their strategic goals while not interfering with the business necessities of their workplace. Our attorneys are experienced at drafting employee handbooks, manuals, policies and procedures, as well as counseling our clients on how to implement these policies.

Equal Employment Opportunity Training

Discrimination in the workplace disrupts business operations and leads to lost resources, revenue and valuable talent as well as damage to a firm’s reputation. The rise of the “Me Too” movement has had a profound impact on sexual harassment in the workplace and highlights that there is much more employers need to do to come into compliance. Today, companies are faced with an ever vigilant Equal Employment Opportunity Commission and local governmental agencies. Harassment prevention training is no longer just a “best practice” for employers: in New York State and New York City, annual harassment training is mandatory and other states are likely to follow suit. Tannenbaum Helpern’s employment law attorneys regularly conduct EEO training for HR professionals, managers, and staff that covers sensitivity training, protected classes, reasonable accommodations, updates on EEO laws and regulations, hiring and disciplinary actions, terminations and layoffs, harassment and discrimination, and alternative dispute resolution.

Corporate Due Diligence

Our employment law group also regularly provides advice in connection with corporate transactions. We participate in the due diligence process by analyzing the personnel policies, human resource practices and outstanding and potential employment related liabilities of target companies. In the event of a merger or an acquisition we are also able to assist our clients in combining and/or reducing their workforce.

Workforce Restructurings

Our team assists businesses in the strategic addition to and reduction of workforces, including the preparation of employment and severance agreements. We guide clients through reductions in force, including the requirements of COBRA, the WARN Act and the ADEA.

Representative Services

• Advice on all aspects of employment law, including pre-employment inquiries, wage and hour planning, overtime issues, social media, federal and state labor law compliance and employment discrimination.
• Negotiating, drafting and enforcing employment agreements and related contract matters, including non-competition agreements, confidentiality agreements and restrictive covenants.
• Representation and advice concerning employee manuals, complaint procedures, policy implementation and benefits programs.
• Drafting, amending and implementing employee handbooks, manuals, policies and procedures.
• Assisting in the strategic reduction of workforces and preparing effective separation agreements.
• Structuring executive compensation packages.
• Conducting informational and training seminars on topics such as sexual harassment, Title VII of the Civil Rights Act, state human rights laws, the Fair Labor Standards Act, wage and hour compliance and Social Media in the Workplace.
• Guiding clients through the provisions of the National Labor Relations Act, equal employment opportunity legislation, Americans with Disabilities Act, Family and Medical Leave Act, Age Discrimination in Employment Act and sexual harassment matters, including litigation and dispute resolution.
• Advising businesses on ADA lawsuits and Department of Justice proceedings.

Selected Matters: Workplace Investigations

• Tannenbaum Helpern was engaged by a New York based software company as an independent third-party investigator to conduct an investigation of harassment allegations against its Chief People Officer. The Firm gathered evidence through interviews and the review of extensive communications, ultimately providing a detailed written report to the company’s regular outside counsel and in-house counsel that included a reconstructed timeline of the activities and whereabouts of multiple parties over the course of a multi-day retreat based upon evidence collected.
• Conducted an investigation as an independent third-party investigator engaged directly by the regular legal counsel of a prominent Manhattan art and antiques gallery examining allegations of sexual harassment against an owner of the gallery. Prepared an extremely detailed written report with the anticipation that litigation might follow.
• Conducted an investigation on behalf of an employee benefits technology company into allegations of discrimination made by their human resources professional against their most successful salesperson, preparing not only a detailed written report, but also written communications to the complaining employee and to the target of the investigation summarizing our conclusions.
• Tannenbaum Helpern was retained by a subcommittee of the Board of Directors of a publicly traded company to investigate several internal workplace complaints regarding the company’s CEO, which included allegations that the CEO created a hostile work environment and made false public statements. Tannenbaum Helpern’s employment attorneys conducted a complete and thorough investigation into the allegations, which included conducting over twenty interviews and reviewing dozens of documents. Upon completing the investigation, Tannenbaum Helpern made a detailed oral presentation of its findings to the subcommittee of the Board of Directors.
• Represented client in connection with expansive, multi-year investigation related to prevailing wage and supplemental benefits requirements and complaint with the Office of the Comptroller of the City of New York. Successfully negotiated a settlement that was monetarily a fraction of the original claims, did not include any admission of wrongdoing by client and prevented disbarment of client.
• In response to a complaint of alleged off-premises sexual assault of an employee by their coworker, Tannenbaum Helpern conducted a fact-finding investigation, drafted a comprehensive investigative report, and guided client through prompt corrective action in order to reduce exposure to a potential lawsuit.
• Sexual harassment investigation on behalf of a performing rights organization that operates on a not-for-profit basis.
• Sexual harassment investigation into conduct by a senior partner of a very prestigious and chambers ranked New York City litigation law firm.
• Investigation of Finance Director’s complaint gender and ethnic discrimination e by the Chief Operating Officer of a technology company that develops blockchain software for financial institutions.
• Investigation of an employee’s complaint that the co-founder of a provider of corporate access and resource management solutions for the investment community was discriminating and being verbally abusive.