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Employment Counseling

Winthrop’s attorneys assist clients on federal and state employment law compliance, policies to prevent unlawful discrimination or harassment, training programs, investigating and responding to complaints, preparing employee handbooks, drug-testing programs, non-compete, non-solicitation and confidentiality agreements, and other areas.

Our Approach

Employment law is the business equivalent of family law, with its multitude of personal relationships that can cause business owners and managers to lie awake at night. We provide guidance about how to manage the dynamics of the workplace, and can serve as an objective third party to help you work though employment issues or concerns that arise. We make sure that you understand not only your legal standing on employment issues, but also the possible solutions and potential outcomes of taking action. That way, we can work together so you are able to make fully informed decisions about how to proceed in any situation.

In addition to our employment counseling attorneys, our team includes employment litigators, which means that as we advise you, we do so from a place of knowing what litigation could look like, and how to avoid it or best position your case to prepare for the possibility of a lawsuit.


  • Title VII
  • Age Discrimination in Employment Act
  • Minnesota Human Rights Act
  • Family and Medical Leave Act
  • Fair Labor Standards Act
  • Americans with Disabilities Act
  • Unlawful and sexual harassment
  • Equal employment opportunity
  • Confidential information and customer relationships
  • Wage and hour issues, such as maintaining the exempt status of staff, overtime, how to pay employees who travel, wage deductions and employee payment upon termination
  • Reductions in force and reorganizations and the potential impact on protected groups, and strategies to avoid age or other discrimination claims
  • Employee discipline and termination guidance, including how to document disciplinary action and what to say in a termination meeting
  • Employment, independent contractor, severance and release agreements designed to prevent potential liability
  • Non-compete, non-solicit and confidentiality agreements designed to protect your business and customers
  • Advice and training on the hiring process, including lawful interviewing inquiries, drafting of employment applications, offer letters and bonus plans, and conducting background checks
  • Notice of purchase or sale of a business, including whether notice to employees is required under the WARN Act, and how to "transfer" retained employees after the sale