Herrick's Employment Group represents public and private companies and not-for-profit organizations in both counseling/risk management and litigation (including defense of wrongful termination claims).

Our Employment Group is on the front line for any type of employment issue, and works closely with Human Resource professionals and in-house legal teams to assist with day-to-day issues. This might include answering questions on recent changes in the law concerning New York’s COVID-19 sick leave or vaccination and mask requirements, or responding to inquiries concerning hiring, firing, or requests for religious or medical accommodations. Our employment team understands that most employment issues must be addressed immediately and without delay. We are often called in to handle an emergency or ‘crisis’ situation and we are equipped to deal with any type of matter, whether an internal complaint of harassment, a governmental investigation or subpoena, or an action filed before an administrative agency or court.

We are focused on preventing litigation, and keep our clients abreast of new employment laws, regulations or requirements. We also assist our clients in developing and implementing policies, procedures and programs designed to promote positive and fair workplace policies and employer/employee relations. We conduct instructional seminars and anti-harassment and anti-discriminatory training for our clients' executives, managers and staff with the goal of preventing disputes, improving the work environment, and complying with applicable law. We assist our clients with establishing reporting mechanisms and conducting internal investigations.

Along with our executive compensation team, we routinely draft and provide guidance on employment contracts, restrictive covenants and compensation arrangements. We also assist with severance packages, releases and exit incentive programs. Our clients rely on our advice to see them through both the hiring process and individual, group and mass layoffs and/or terminations. We perform employment policy reviews for our clients which include a full assessment to ensure that they are compliant with current laws and regulations, including with respect to new parental and sick leave laws, COVID-19 leave laws, WARN Act requirements, proper classification under the Labor Law and Fair Labor Standards Act (“FLSA”), wage and hour laws and anti-harassment and anti-discrimination regulations. 

We also have an impressive record of success settling sensitive and confidential employment matters before the claim becomes public.