Employment Law

Robert Pearson Law provides employment law services to businesses and individuals in Tucson and Southern Arizona, including through general advice and counseling; disputes and litigation; workplace investigations; executive-severance negotiation, and alternative dispute resolution.

We provide general advice and counseling to employees and employers on employment issues. We do things like negotiate, prepare, and review various employment-related documents, including contracts; employment agreements, handbooks; policies and procedures; compliance documents; independent contractor agreements; and restrictive covenants like non-competes, non-solicitations, and non-disclosures. Additionally, we guide both employers and employees through hiring, discipline, and termination; disability accommodation requests, including the interactive process triggered by an ADA request; worker classification; wage, hour, and overtime; and governmental investigations.

Our general-counseling subscription service allows small and medium sized businesses to have an affordable, ongoing relationship with our firm, with “same-day” access to a lawyer for counseling on legal implications of ad hoc employment issues as they arise in day-to-day operations. It operates somewhat like concierge’s medicine–you become a client of the firm, and we ensure our availability and time for you. Under our subscription service, when an issue arises that you think warrants counsel, you’d already be an existing-client, so you’d just pick up the phone, or send an email, and we’d respond without delay, often the same day.

Litigation means resolving disputes through the court process. We handle employment litigation from start to finish. Common issues litigated in employment-law disputes include: compensation, wage, hour, and overtime pay; discrimination, hostile work environment, and retaliation; wrongful termination; workplace injuries and workers’ compensation; and employment and severance agreements, including agreements for non-compete, non-solicitation, and non-disclosure.

Ideally, in employment disputes, clients involve us early–right when an issue arises–so we can help navigate issues and manage risk, through performing an early case-evaluation generating an objective analysis of the parties’ positions and their strengths and weaknesses. We provide straightforward, no-nonsense advice about the factual and legal realities of the case, so that you can be fully informed and clear-eyed when making important decisions–including financial ones–about resolving your dispute. Many times, employment disputes can and should be resolved early to save costs and manage risk. In those instances, we can help negotiate and facilitate early resolutions, avoiding protracted, costly litigation.

But some disputes need to be resolved in court, either by filing a lawsuit and engaging in an early mediation-type process; by litigating the case for months resulting in an eventual pre-trial settlement; or by resolving the case by trying it to a judge, arbitrator, or jury. If your case needs to be litigated and tried, we’ll do it. Providing professional, thoughtful, diligent litigation services–from start to finish in your employment disputes–we’re with you.

Internal investigations become necessary for businesses and employers for various reasons, like fulfilling duties under law when they get complaints about various conduct, public relations considerations, or suspicions about asset misappropriation and other bad conduct. We assist human resources, executives leading organizations, and business owners in conducting effective and accurate internal investigations into issues like discrimination, harassment, retaliation, ethics, and financial improprieties.

When an investigation is needed, company leaders must decide whether to conduct the investigation themselves, often with assistance of in-house counsel, or to have an outside investigator conduct it. An outside investigator can add credibility and objectivity to the investigation and findings. Perhaps the allegations have been made public and disseminated by the media. An outside investigator might make sense. Or perhaps the investigation will involve conduct of higher-level executives. Outside counsel might make sense there to add a layer between the subject of the investigation and their peers. Or maybe the investigation is going to require the disclosure and review of highly sensitive personal information that witnesses or victims would not freely share with management or colleagues. An outside investigator might make sense. An outside investigation conveys that the company takes allegations and their duties seriously and is diligently seeking the truth.

We advise employers, executives, and employees on termination decisions and severance agreements. You need to know what and how much to ask for, how to ask for it, and how to field objections. Regardless of which side we’re on, we start by understanding your short- and long-term goals (financial, professional, reputational), and then objectively evaluate the parties’ respective leverage in the circumstances surrounding the departure. Perhaps the employee has strong claims against the employer that the employer wishes not to litigate or make public. Perhaps the departing executive wants a severance payment but also cares about their reputation in the industry and needs future, positive recommendation from the employer. Perhaps the employer wants restrictive covenants like non-compete or non-disclosure agreements. Does either party have strong feelings toward the other, and is there any possibility of a continued relationship that could benefit both sides?

If you’re a CEO, CFO, COO, or other high-level executive or professional, we can help you have a discussion with your company to help maximize your severance.  On the other side, if you’re a business or employer, we can help you manage risk and make informed decisions when dealing with a departing worker that will advance the company’s objectives. On either side, we can counsel from behind the scenes, with you as the mouthpiece; or, if it adds value, we can take the lead in dealing with the other side.