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Employment · Counseling
Employer counseling and agreements
Most employment lawsuits start with a document, a termination or a complaint that was handled quickly. Fernald & Zaffos helps employers in California and Nevada avoid disputes before they start: we review and draft agreements and handbooks, advise on discipline and terminations, and conduct workplace investigations that hold up if a claim follows.
Leads this practice
Adam P. Zaffos · Partner
More than 25 years of complex litigation, including employment and class actions as a senior litigator at The Wonderful Company. Admitted in California.
What we do
- Employment, offer and independent contractor agreements
- Arbitration agreements and class action waivers
- Employee handbooks and policies, including leave, timekeeping and breaks
- Separation and release agreements
- Advice on discipline, terminations and layoffs
- Workplace investigations of harassment, discrimination and misconduct complaints
- Confidentiality and non-solicitation provisions
Arbitration agreements
A well-drafted arbitration agreement can move disputes out of court and limit class claims. California courts look closely at how the agreement was presented and whether its terms are fair (Armendariz v. Foundation Health Psychcare Services (2000) 24 Cal.4th 83). We have enforced an arbitration agreement on appeal based on the employee’s handbook acknowledgment and continued employment.
Non-competes in California
California voids most employee non-compete agreements (Bus. & Prof. Code § 16600), and since 2024 employers may not enter into or try to enforce them (§ 16600.5). Confidentiality and trade secret protections remain available. Nevada allows reasonable non-competes but bars them for hourly employees (NRS 613.195).
Workplace investigations
A prompt, fair investigation is often an employer’s best defense to a later harassment or retaliation claim. We conduct investigations and write findings that can be relied on if the matter is litigated.
Employment results
Employment arbitration · Appeal
Order reversed
Court of Appeal sent a former employee’s wrongful termination suit to arbitration
California Court of Appeal, Second District
Prior results do not guarantee a similar outcome.
Common questions
Don’t see yours? Call (323) 410-0300.
Should our employees sign arbitration agreements?
Many employers use them. They need to be drafted and rolled out carefully to be enforceable in California, and they affect how PAGA and class claims proceed.
Can we use non-compete agreements in California?
Generally no. California voids most employee non-competes. Confidentiality agreements and trade secret protections are still enforceable.
What should a separation agreement include?
A release of claims, which in California must address Civil Code section 1542, plus terms on confidentiality, return of property and payment. Some claims cannot be released.
When should we hire an outside investigator?
When the complaint involves senior managers, multiple employees or serious allegations, or when litigation is likely.
How often should we update our handbook?
At least once a year. California employment law changes every January.
Related
Practice page
Disputes with former employees over trade secrets and solicitation.
The information on this page is general and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.