Daniel G. Prokott

Employment Counseling

Dan, who is admitted to practice in Minnesota and California, advises employers on:

• Hiring practices, including issues related to non-discrimination, non-competition, pre-employment testing, background checks and state law compliance
• Reviewing and drafting offer-of-employment letters and employee handbooks
• Preparing executive and sales compensation agreements
• Preparing non-competition, non-solicitation and confidentiality agreements, and advising on the enforceability of these types of agreements
• Employee rights under the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA) and Fair Labor Standards Act (FLSA)
• Conducting audits for compliance with the Fair Labor Standards Act (FLSA) and state wage and hour laws
• Complex employee discipline and discharge matters, including drafting disciplinary documentation, severance plans, and separation and release agreements
• Best practices for managing and implementing employee restructurings and voluntary and involuntary workforce reductions, including release requirements under the Age Discrimination in Employment Act (ADEA) and Older Workers Benefits Protection Act (OWBPA), and compliance with the Worker Adjustment and Retraining Notification Act (WARN)
• State and local employment law compliance
• Employment matters in corporate transactions, including stock and asset sale transactions
• Record management practices

Dan also regularly advises individual executives and management teams in connection with negotiating and drafting employment and separation agreements.

Dan draws upon his years of litigation experience to better advise on employment decisions and risk assessment and management by understanding how those decisions may be questioned by employees and their counsel in court or before administrative agencies.