Workplace Counseling and Investigations
Weil is called upon regularly to provide employment counseling, develop employment policies and procedures, and investigate sensitive employment issues, often confidentially, for our clients.
While large-scale class and collective actions and major trade secrets litigation are two pillars of our Employment Practice, another is our counseling and investigatory capabilities. Weil advises and counsels our clients, their boards of directors, board and management committees, and senior management on highly sensitive internal investigations, internal employment compliance audits, diversity initiatives, and compensation arrangements.
Our primary areas of expertise include:
- Advising clients regarding formal and informal complaints of whistleblowing, discrimination, harassment, and other workplace violations and matters.
- Advising clients regarding all aspects of workplace change and restructuring, including federal and state Worker Adjustment and Retraining Notification Act issues, severance plans, retention agreements, and compensation and benefits issues.
- Advising and creating appropriate documentation for workforce reclassifications, including issues involving potential back pay, front pay, timekeeping, and benefits.
- Developing policies and advising/training human resources and employee-relations personnel on proper investigative techniques and procedures for handling internal complaints by employees.
- Conducting workforce classification audits regarding exempt/non-exempt and independent contractor classification.
- Representing private equity firms, parent corporations, and/or their boards in restructuring the workforce of their portfolio companies and/or subsidiaries, including negotiating the separation and hire of all senior executives and advising on broader workforce restructurings and reductions in force.
- Advising on all wage and hour practices for employees, including advice regarding compensation, timekeeping practices, remote working arrangements, pre-shift and post-shift work, and meal and rest-break issues.
- Advising on all contingent workforce issues, including negotiating vendor agreements and developing staffing protocols with staffing agencies, Professional Employer Organizations and/or employee leasing firms.
- Developing best practices for use of criminal background and credit information of applicants consistent with evolving Equal Employment Opportunity Commission (EEOC) guidance, including creating decisional matrix documents, governing documents for decisional committees, and negotiating revised background check policies and practices via conciliation with the EEOC.
- Advising employers on the development of affirmative action plans.
- Developing policies and best practices for English fluency employment requirements and “English-only” rules on the job, consistent with EEOC guidance.
Representative Matters
American Realty Capital Properties Audit Committee
Weil was engaged by the Audit Committee of the Board of Directors of ARCP, a publicly-traded real estate investment trust, to conduct an internal investigation of allegations of accounting irregularities. The investigation resulted in a restatement and the separation from the company of several top executives. A multi-disciplinary Weil team advised the Audit Committee and the Board of Directors with respect to all aspects of the investigation and the resulting fallout.
Confidential Performing Arts Organization
Weil played a leading role in an expedited and intensive internal investigation of an anonymous complaint alleging misconduct and favoritism by the organization’s CEO and President based on gender – which culminated in his resignation. The matter was covered extensively by New York and global media, including The New York Times and The Wall Street Journal.
Confidential Financial Services Company
Weil negotiated a favorable settlement in connection with an internal complaint of systemic gender discrimination against female senior executives, a matter complicated by the fact that the charging party was a current employee.
Confidential Hotel Company
Weil was retained by the Board of Directors of a California-based hotel group, whose principal owner is an affiliate of a foreign government, to analyze allegations of workplace discrimination by a senior executive.
Confidential Hotel Company
Weil serves as counsel to a Dubai-based luxury hotel chain on several sensitive crisis-related matters with employment and public relations implications and are working with the client on the establishment of U.S. employment policies, and the restructuring of its workforce.
Luxury Consumer Products Company
Weil is representing a confidential client in connection with a U.S. EEOC charge, initiated by the commissioner, alleging race, national origin, and gender discrimination in the client’s hiring and termination practices.
Restoration Hardware
Weil was retained by the Special Committee of the Board of Directors to conduct an independent investigation of whistleblower allegations regarding a relationship between the CEO and another employee.
Confidential Executive Search Firm
Weil was retained by the Special Committee of the Board of Directors to conduct an internal investigation into allegations of employment discrimination brought by a senior executive at the company.
National Public Radio
Weil advised National Public Radio on an internal review into the circumstances surrounding the termination of a news analyst who was an independent contractor and who also appeared on Fox News.
Weil's "'knowledgeable and strategic team' is adept at handling complex and sensitive counseling matters..."
Legal 500 US 2018