Michael N. Westheimer

Shareholder || San Francisco

As an experienced counselor and litigator, Michael Westheimer helps businesses increase efficiency and manage risk in employment, employee benefits and related business matters. Effective workforce management presents a variety of challenges as companies strive to build productive workplaces, protect their proprietary information and trade secrets, and comply with myriad federal, state and local labor laws. Mr. Westheimer works with companies ranging from start-ups to multinationals in achieving these goals by implementing compliant, workable policies and best practices, and by taking effective action to remediate any violations. As a seasoned trial lawyer and strategist, Mr. Westheimer also is highly adept at providing vigorous, cost-effective representation in response to legal challenges.

Mr. Westheimer is a shareholder in the firm’s San Francisco office. He represents clients in class action and single-plaintiff litigation in state and federal courts, arbitrations, mediations, administrative hearings and government agency proceedings. He also performs internal audits, investigations and employee and manager training, and provides advice and counseling on a wide range of workplace issues. His areas of specialty include:

  • Protecting proprietary business information and trade secrets
  • Social media policies
  • Wage/hour compliance
  • Independent contractor agreements and misclassification claims
  • Exempt/non-exempt employee classification and misclassification claims
  • Job applications, background checks, employee offer letters, onboarding
  • Executive employment agreements
  • Equal employment opportunity/preventing discrimination, harassment, retaliation
  • Reasonable accommodation of persons with disabilities
  • Leaves of absence
  • Fiduciary breach claims
  • Employee benefits claims under ERISA
  • Employment policies and handbooks
  • Employee compensation, commission plans, bonus plans
  • Employee performance and misconduct
  • Whistleblower claims
  • Wrongful termination lawsuits
  • Severance agreements
  • Business interference torts
  • Private Attorneys’ General Act (PAGA) claims
  • Lawsuits under Unfair Competition Law (UCL), Cal. Bus. & Prof. Code Section 17200
  • Implementing layoffs and other cost-cutting measures
Learn more about Michael N. Westheimer

Representative Matters:

Published Cases:

Education

Admittance to Practice

Professional Activities

  • Northern California Human Resources Association (NCHRA)
  • SHRM
  • San Francisco Bank Attorneys Association
  • Western Independent Bankers
  • Bar Association of San Francisco, Labor and Employment Section
  • Duke Law Club

Speeches