Employment Retainer

Have you ever had to terminate an employee but were concerned about how to do so in a way that minimizes legal risk? Did you wish you could pick up the phone and get advice from a lawyer who could not only address your concerns but also provide talking points for the termination and offer alternative solutions?

Have you ever had an employee who you believed may present a threat of harm to himself or others in the workplace, but were unsure about asking medical questions or putting the employee on leave and mandating a mental health evaluation? Was there a qualified attorney available to timely walk you through what to do and how to do it so that the employee’s rights were protected without compromising the health and safety of the workplace?

Have you ever had an employee who made a complaint of discrimination or harassment expecting they were about to be put on a performance plan or otherwise disciplined? Did you lose sleep over how to manage the complaint investigation and the employee’s performance without the employee alleging retaliation? Would it have helped to have a trusted advisor that understood your business to give you advice on handling this tough situation?

Maybe when those issues arose, you did not have a relationship with a trusted employment law attorney who knew your business and who you could call for a quick-turnaround strategy session.

Perhaps you tried to develop such a relationship with a big firm, but every time you called you got a different lawyer who you had to educate about your business and culture.

Or it could be that you shudder every time you open your invoice from a firm where the fees are unpredictable and increasingly costly to the business. Because of that, you hesitate to reach out in situations where you wish you had a strategic partner to proactively assist with concerns. So you wait and use the firm only after an EEOC Charge or lawsuit has been filed and find that it is even more costly.

Meet Kathlyn

Kathlyn serves as outside Employment Counsel to a limited number of clients on 6- or 12-month retainers. By developing a deep understanding of the company’s practices, culture, and areas of risk, she can provide effective and efficient employment law advice. By taking on only select clients, Kathlyn is available to provide focused feedback and advice and counsel on issues that need immediate attention. In addition, clients can use their retainer time for longer-term strategic needs, such as policy review, department planning, and emerging employment law issues.

How it works:



The process starts with a Zoom call between Kathlyn and In-House Counsel and/or HR Leadership to develop an understanding of the company’s business, employees, and culture. The company provides Kathlyn copies of the handbook and other relevant written processes and policies for Kathlyn’s review. Kathlyn will also get to know the HR team and their biggest challenges and concerns through short virtual “Get to Know Our Employment Lawyer” meetings so that individuals on the HR team feel comfortable reaching out to Kathlyn for support.

Monthly Guidance

Kathlyn will provide up to six hours per month of consultation with in-house counsel and/or members of the HR team, as needed. Six hours per month is generally sufficient time to cover the day-to-day matters that need addressing. When necessary, hours that exceed the retainer will be pre-approved and billed monthly.

Monthly Leadership Call

Kathlyn will host one recurring meeting per month with in-house counsel or the HR leader to discuss big picture HR / employment law issues, planning for upcoming department demands, and updates and feedback on matters handled with team members.

Attorney-Client Privileged Log

Kathlyn will keep a detailed, privileged log of issues discussed, including the name of the HR team member, the time spent, and a summary of the advice provided. This log will be provided to the in-house counsel or HR leader in advance of each monthly call so that the leader is aware of all the on-going issues and so that trends or big picture issues can be identified and addressed.

Access to Resources

The retainer also includes access to forms, documents, checklists, and other materials developed by Perez Law or otherwise available to it through its various monthly legal and human resources subscriptions.

Areas of consultation often include, but are not limited to:

  • Leave, Disability and Accommodation Questions
  • Essential Functions
  • Direct Threat Analysis
  • Reasonable Accommodations
  • Medical Questions and Medical Tests Analysis
  • FMLA/ADA Overlap with STD/LTD/Worker’s Comp.
  • Return to Work with Restrictions
  • COVID-19 ADA Accommodations
  • Absence Management / Time and Attendance
  • Pre-Employment Issues
  • Job Descriptions
  • Hiring/Interview Issues
  • Offer Letters
  • Pre-Employment Drug Screen/Background Check Questions
  • Employee Relations Issues
  • Handbook/Policy Questions
  • Wage and Hour Issues
  • Internal Investigations Consultation
  • Employee Complaints
  • Reasonable Suspicion
  • Navigating Risky Terminations/Discipline
  • Negotiating/Drafting Settlement or Severance Agreements
  • Mediating High Level Employee Disputes
  • Responding to EEOC Charges