Employment Law & Benefits & Litigation

Employment Law

Hirschler Fleischer’s Employment Law Practice Group consists of experienced business and litigation attorneys who use their in-depth knowledge of federal and state employment laws to counsel clients on every aspect of the employment relationship. Our employment attorneys help clients identify areas of legal risk associated with employment actions and decisions, and we proactively assist clients in taking steps to minimize those risks by preparing and reviewing employee handbooks, establishing legally compliant hiring and compensation systems, developing appropriate workplace policies and procedures, auditing wage and hour practices, and drafting employment, non-competition and dispute resolution agreements.

Hirschler Fleischer attorneys have particular expertise in protecting client assets from unlawful employee activities, and regularly help clients develop — and enforce — agreements to protect against unauthorized disclosure of confidential information and trade secrets, raiding of customers and employees, and unfair competition. We also advise employees on their employment related rights and obligations.

Our attorneys provide employment law counseling on day to day human resources issues, such as documenting employee discipline and performance problems, conducting sexual harassment or other workplace investigations, employee problem prevention, medical and other leave practices and procedures, and employment termination counseling.


Where litigation is advisable or unavoidable, we are fully prepared to represent our clients in all types of employment disputes in federal and state courts, including litigation concerning:

  • wrongful termination
  • retaliation
  • wage and hour violations
  • audits of employment documents and practices
  • unfair competition
  • employment discrimination claims
  • work before administrative agencies on employment issues
  • employment contract disputes involving interpretation and enforcement of the contract and its non-compete, non-solicitation and confidentiality provisions

Our attorneys also have extensive experience representing clients in arbitration and mediation proceedings and before federal and state administrative agencies such as the Equal Employment Opportunity Commission, workers’ compensation and unemployment commissions.

Employee Benefits

We also provide comprehensive services regarding a wide array of employee benefits, including:

  • Qualified retirement plans including defined benefit pension plans, money purchase pension plans, profit sharing plans, 401(k) plans, 403(b) plans, 457(b) plans, and ESOPs
  • Non-qualified deferred compensation for executives, such as stock option plans, stock appreciation plans, rabbi trusts and 457(f) plans
  • Welfare benefit plans
  • Cafeteria plans featuring premium conversion health insurance plans, tax favored flexible spending accounts, and dependent care plans
  • Health savings accounts

For qualified retirement plans, Hirschler Fleischer assists in the design, installation, and maintenance of plans in compliance with the requirements of the Internal Revenue Code and ERISA. Hirschler Fleischer is equipped to represent plans under audit by either the IRS or Department of Labor and to assist clients in the pre-audit context to process DOL Voluntary Self-Correction filings. Our attorneys have knowledge and experience in filing prohibited transaction exemption requests with the DOL. They also assist venture capitalists in navigating the “plan asset” rules as they impact investments made by employee benefit plans in these funds.

We also are experienced in the creation and maintenance of Employee Stock Ownership Plans (ESOPs), where our attorneys integrate their knowledge and experience with that of the Corporate & Business Planning and Securities & Finance Practice Groups to reach beyond conventional concepts to deliver creative and effective solutions. Our ESOP-related engagements range from representing owners of privately held companies selling their business, to completing estate and corporate management succession planning, as well as to advising fiduciaries, lenders, and management groups involved in sophisticated ESOP transactions. Our services include structuring and implementing innovative transactions and providing ongoing counsel to ESOP companies.

We are experienced in employee benefits litigation, representing both employees and employee benefit plans and their fiduciaries in ERISA litigation arising out of benefits claims and plan administration.