Employee Benefits Lawyers
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Meet some of our Employee Benefits Lawyers
Matthew H.
We are a boutique firm located in San Diego that handles civil litigation with a couple other areas of law.
"Matthew was absolutely excellent to work with. He responded to our project request immediately, was always available via text, phone, or email to answer any questions, and handled our demand letter quickly and efficiently. We got a response same-day as a result of Matthew's demand letter, and we had a check in our hands within a few short weeks of hiring him. He even offered to handle a few additional things, like negotiations and document signing, and finalizing the settlement. Would highly recommend Matthew for your legal needs!"
Elizabeth W.
Liz is an experienced insurance professional, having worked with carriers and brokers for over 10 years. She can review or draft a variety of commercial agreements and is here to help your business. Specialties include: Master Service Agreements, business process outsourcing, marketing and partnership agreements, broker agreements, business associate agreements, and NDAs.
"Liz was very responsive, eager to do a good job, and a pleasure to work with."
January 24, 2022
Cameron S.
A commercial contracts lawyer with over 25 years of experience (both at large law firms and in-house as general counsel of a public company)
December 4, 2021
Brittany B.
Brittany advises startups and emerging and public companies at all stages of growth, with focuses on formation and corporate governance matters, securities, venture capital financings, M&A and other strategic transactions, commercial contracts and general corporate counseling. Brittany represents clients across a broad spectrum of industries, including technology, automotive, mobility, digital health, consumer products and manufacturing.
December 5, 2021
james a.
Mr. Allen is a seasoned trial and appellate attorney known for his precision, clarity, and results-driven legal writing. With experience handling everything from personal injury to family and criminal law — including service as an assistant public defender — he brings practical insight to every document he drafts. His passion for legal research and writing drives his work on persuasive, court-ready materials, including demand letters, service agreements, and independent contractor contracts. Mr. Allen understands the real-world impact of legal documents and balances legal strength with practical usability. Based in Alabama and licensed to practice law, he brings both legal insight and real-world judgment to every project he takes on.
December 6, 2021
Emily Y.
I am available to advise on entity formation, contracts, and employment policies. I am also comfortable litigating business disputes including partnership disputes and employment cases. Prior to opening my current practice, I worked for several years in a small civil litigation practice focused on employment matters and civil litigation. I attended law school at the University of Colorado, and I went to the University of British Columbia for my undergraduate education.
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Browse Lawyers NowEmployee Benefits Legal Questions and Answers
Employee Benefits
Employment Agreement
Florida
Can an employer fire an employee while the employee out on sick leave
I am out on sick leave. can I resign my job?
Donya G.
You will need an employment attorney to advise you, as such, you will need to post your project on the website Here are the steps you need to take to accomplish this 1. Post the job you need to get accomplished – for example “ I am looking for a Florida employment attorney to advise me of my rights -------------“ 2. Once posted, attorneys on the website that are interested and qualified will respond to your posting 3. Choose an attorney/s based upon their qualifications and cover letter to have a quick call so that you can decide who you would like to hire. 4. After talking with attorneys, choose who you will decide to proceed with. Remember to discuss the cost of the project as well as how long it will take to be completed as well as when payments will be made. 5. Once you have decided who to hire, click “HIRE” and that attorney will now be hired by you. Donya Gordon, Esq.
Employee Benefits
Employment Agreement
New York
What is the minimum hours an employer can schedule an hourly part time employee in retail in New York state?
I work for Dollar Tree in New York state, I thought that the minimum shift that could be scheduled was 4 hours, however the manager is scheduling 3 hour shifts for myself and others.
Jane C.
Please review the Department of Labor website https://dol.ny.gov/wages-and-hours-frequently-asked-questions
Employee Benefits
Employment Agreement
Florida
I work full time from 7:58 am to 5pm they tell me by law I have to take 1 hour break . And they say I can’t pass the 40 hours because they won’t pay overtime to me . But the other employees
I just want to know if it’s correct that they can do that or I can take 45 min only of break so they pay me .
Donya G.
From my initial research it appears that based on Federal law, s 30 min break is required; however, I am NOT a Florida attorney and DO NOT practice in this field so its best to talk to someone with the knowledge and expertise in this field. https://thelawdictionary.org/article/florida-labor-laws-about-break-during-work/ Hope that helps. Donya
Employee Benefits
Severance Agreement
California
How to draft a severance agreement?
I recently accepted a severance agreement from my employer in order to leave my job. I would like to know how to draft a severance agreement to ensure that all of my rights and entitlements are included and that the agreement is legally sound. I want to make sure that I am fully aware of the terms and conditions of the agreement before I sign it.
Gagandeep K.
Typically, your employer drafts a severance agreement for employee's review and acceptance, and the employee may negotiate the severance agreement. A severance agreement generally contains severance pay, post-employment benefits (e.g., healthcare or 401K), release of certain claims/liability, non-compete, non-disclosure/confidentiality, return of company property, and other provisions. An employee should review the severance agreement carefully to ensure the scope of each provision and the limitations placed on the employee are valid, as this is a legal document and it may impact future employment opportunities. You may want to have an attorney review the severance agreement before signing it to make sure it complies with legal requirements and protects your rights as an employee. You can read more about severance agreements here: https://www.contractscounsel.com/t/g/us/employee-separation-agreement/11 or https://www.contractscounsel.com/t/g/us/severance-agreement/11.
Employee Benefits
Employee Stock Option Agreement
Washington
Can you explain the potential tax implications of exercising employee stock options under an Employee Stock Options Agreement?
I recently received an Employee Stock Options Agreement from my employer, and I am considering exercising some of the options. However, I am unsure about the potential tax implications that may arise from exercising these options. I have heard that there could be tax consequences at both the federal and state levels, and I want to understand the specific tax obligations I may have if I decide to exercise the options and sell the underlying stock.
Merry K.
Exercising employee stock options (ESOs) has significant tax implications at the federal and possibly, but not usually, at the Washington State level. Here’s a breakdown to help you understand the potential obligations: Federal Tax Implications Types of Stock Options: Incentive Stock Options (ISOs): Exercising ISOs does not trigger regular federal income tax unless you sell the stock. If you sell the stock within one year of exercise or two years of grant, the gain is treated as a short-term capital gain (taxed as ordinary income). If sold after one year from exercise and two years from grant, the gain is taxed as a long-term capital gain, which typically has a lower rate. Alternative Minimum Tax (AMT): The difference between the stock's fair market value (FMV) at exercise and the exercise price is considered for AMT, potentially creating additional tax obligations. Non-Qualified Stock Options (NSOs): Exercising NSOs creates ordinary income equal to the difference between the FMV of the stock at exercise and the exercise price. This income is subject to withholding for federal income tax, Social Security, and Medicare taxes. Any subsequent sale of the stock results in capital gains or losses. Selling the Stock: Capital Gains Tax: The gain (or loss) is the difference between the sale price and the stock's FMV at the time of exercise. This is subject to short-term or long-term capital gains rates depending on the holding period. State Tax Implications (Washington State) No State Income Tax: Washington does not impose a personal income tax. This means there are no state-level income tax obligations on the income from exercising stock options or the subsequent sale of stock. Capital Gains Excise Tax (if applicable): Washington has a 7% excise tax on long-term capital gains exceeding $250,000 (as of 2022) for individuals. However, this applies to gains from specific types of assets, primarily real estate and certain investments. Proceeds from the sale of stock may be subject to this excise tax if your total long-term capital gains exceed the threshold and are not exempt. Other Considerations Timing of Exercise and Sale: The timing can significantly affect your tax liabilities, especially in regard to capital gains classification and potential AMT exposure for ISOs. Employer Reporting: Your employer will provide a Form W-2 for NSO exercises (showing ordinary income) and possibly other tax documentation (e.g., Form 3921 for ISOs). Consult a Tax Professional: Given the complexity of ESO taxation and potential exposure to AMT or excise taxes, consulting a tax advisor is highly recommended. They can help you strategize to minimize taxes based on your overall financial situation.
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