Our Employment Services
Discover how we structure employment agreements, from offer letters to termination packages. Get expert guidance on compliance, incentives, and HR policies so you can scale your team with confidence.
Offer Letter
Extend employment offers with clarity, compliance, and professionalism.
We create tailored offer letters that clearly outline employment terms—such as compensation, benefits, at-will status, and key role details—while ensuring adherence to relevant federal and state regulations. This service enables you to formalize offers confidently and minimizes misunderstandings during the hiring process.
Scope of Work
- Draft Offer Letter tailored to the position, compensation structure, and jurisdiction
- Consultation with Client via phone/email to address relevant employment terms, compliance obligations, and onboarding considerations
- Finalize Offer Letter for execution and circulation for e-signature
Most offer letters are not legally binding contracts, but they do outline expectations. Binding obligations often come from separate agreements, like equity grants or confidentiality agreements.
They clarify compensation, benefits, and employment terms, reducing the risk of disputes and protecting the company legally.
It’s not recommended. A written letter avoids disputes, creates clarity, and provides a paper trail if questions arise later.
Employment Termination
Handle employee separations confidently and compliantly with clear documentation and process.
We prepare tailored termination materials that ensure compliance with applicable state and federal laws while maintaining professionalism and minimizing risk. This service helps you conclude employment relationships smoothly and consistently, protecting your business and supporting a respectful offboarding experience.
Scope of Work
- Draft Termination Letter and any required state-specific notices
- Consultation with Client via phone/email to address relevant compliance, timing, and communication considerations
- Finalize Termination Letter for implementation and circulate for e-signature
Keep it professional, brief, and focused on the business. Avoid sharing details about performance or personal issues. Frame the update around the company’s future direction.
It depends on the state. For example, California requires payout of unused vacation, while other states leave it to company policy. Check your state’s rules before finalizing pay.
Severance Agreement
Conclude employment relationships cleanly and compliantly while protecting your business interests.
We prepare customized severance agreements that balance compliance, clarity, and professionalism—helping you manage employee transitions confidently. Each agreement addresses release of claims, confidentiality, and other key terms, ensuring your company remains protected while maintaining a fair and respectful offboarding process.
Scope of Work
- Draft a Severance Agreement tailored to the Client’s specific employment separation
- Consult with the Client via phone or email to discuss relevant severance terms, release provisions, and compliance considerations
- Finalize the Severance Agreement for signing and circulate for e-signature
No. Severance is optional, unless a written contract or company policy guarantees it.
It varies. Many companies use a formula like two weeks of pay per year of service, but small startups may offer a flat amount instead.
It must be clearly written, voluntary, and compliant with state and federal laws. Agreements with older workers have additional requirements under the Older Workers Benefit Protection Act.
Independent Contractor / Consultant / Advisor Agreement
Engage independent professionals with clarity, compliance, and confidence.
We draft customized agreements for independent contractors, consultants, and advisors that define deliverables, compensation, and intellectual property ownership. This service ensures your business relationships are clearly structured, compliant, and aligned with your operational goals.
Scope of Work
- Draft Independent Contractor / Consultant / Advisor Agreement tailored to Client’s engagement, deliverables, and compensation structure
- Consultation with Client via phone/email to address relevant classification, IP ownership, confidentiality, and compliance considerations
- Finalize Agreement for execution and circulation for e-signature
No. Independent contractors are responsible for their own benefits, insurance, and tax obligations unless you choose to offer additional perks in the contract.
Contractors are best for short-term, specialized, or non-core projects. Employees are necessary for ongoing roles central to your business.
Yes, but typically through NSOs, RSUs, or phantom equity rather than ISOs. International employees may require country-specific equity plans due to tax and legal differences. Always consult counsel before granting equity outside the U.S.
Employment Agreement
Hire confidently with clear, compliant employment terms that protect your business.
We prepare tailored employment agreements that define responsibilities, compensation, confidentiality, and termination terms—ensuring clarity for both employer and employee. This service helps you establish strong working relationships and reduce the risk of future disputes.
Scope of Work
- Draft Employment Agreement tailored to the specific role, compensation structure, and jurisdiction
- Consultation with Client via phone/email to address relevant terms, including employment classification, confidentiality, and compliance requirements
- Finalize Employment Agreement for execution and circulation for e-signature
Yes. The offer letter provides a summary of terms, while a formal employment agreement can cover more detailed obligations, protections, and restrictions.
Templates are a good starting point but rarely cover the specific needs of your business. Customized agreements reduce risk and ensure compliance with state and federal laws.
Not entirely. The classification depends on how the work is structured. If you control when, how, and where they work, they’re likely an employee, even if the agreement calls them a contractor.
Employee Handbook
Establish clear policies and culture with a compliant, customized Employee Handbook.
We create a tailored Employee Handbook that reflects your company’s policies, values, and operational needs while maintaining compliance with federal and state employment laws. This service helps you set expectations, communicate standards, and protect your business through consistent and well-documented practices.
Scope of Work
- Draft Employee Handbook customized to Client’s size, structure, and jurisdiction
- Incorporate relevant policies on employment classification, benefits, conduct, leave, and discipline
- Consultation with Client via phone/email to address relevant HR, compliance, and internal communication considerations
- Finalize Handbook for distribution to employees and ongoing implementation
Yes. A handbook sets clear expectations and helps protect against legal claims, even for small teams.
Templates are a good starting point but rarely cover the specific needs of your business. Customized agreements reduce risk and ensure compliance with state and federal laws.
Employment Compliance Package
Build and maintain a compliant employment foundation that protects both your business and your onsite and remote/dispersed team.
We conduct a comprehensive compliance review of your employment framework—from policies and documentation to agreements and classification—to identify risks and ensure alignment with current federal and state employment laws. This service helps you maintain a consistent, compliant foundation that supports your people and operations.
Scope of Work
- Review and audit employment policies, procedures, and documentation for compliance
- Evaluate offer letters, employment agreements, and independent contractor classifications
- Review severance agreements, termination processes, and related documentation
- Draft or revise employment documents and policies to align with compliance standards
- Consultation with Client via phone/email to address relevant employment and compliance matters
- Finalize updated materials for implementation and employee distribution
You risk fines, penalties, or lawsuits. For example, missing wage notices or payroll setup can trigger regulatory issues.
Fines can reach up to €20 million or 4% of annual global revenue, whichever is higher. Even small startups have been fined for violations.
Our Employment Offerings Guide
What our clients are saying
“@VC came in at a really critical time.
They actually ended up serving as a role of sales enablement by being a partner that can react quickly and get us the right kind of agreements in place with big enterprises.”
“@VC came in at a really critical time.
They actually ended up serving as a role of sales enablement by being a partner that can react quickly and get us the right kind of agreements in place with big enterprises.”
Bench Talent Cloud needed a legal partner that could keep up with its pivots, product advancements, and enterprise deal flow without slowing the business down. @VirtualCounsel stepped in as fractional General Counsel, handling SaaS agreements, MSA/SOWs, fundraising, cap table management, and even enabling enterprise sales by getting the right agreements in place fast.
@VC also represented Fulcrum Workforce Solutions (our original client) through a strategic merger with Open Assembly to create the technological powerhouse that is Bench Talent Cloud. Today, Bench has a seasoned legal team in its corner and a business that continues to grow.
“We’re really grateful that @VirtualCounsel has been alongside us for our whole journey. Scrapping together legal documents is a bad idea, so we’re really glad we’ve had @VirtualCounsel from the beginning because those early decisions are impacting things we’re dealing with today and we’re really glad we had the whole professional structure set up.”
“We're a tech startup, so we don't have the luxury of finding out what we owe in legal fees at the end of the month based on an email or phone call we didn't know about. So having a consistent retainer that we can really trust in, depend on, and make budgeting decisions based off of is huge. I honestly have had the best experience working with @VirtualCounsel. Not just the predictability of payments, but more so the level of service has been above and beyond any service-based company I have ever worked with. "
"I like that Daniel's team kept reminding me to attend to the foundational signatures required to keep the process moving. As a founder, I'm constantly getting my attention pulled away from the priorities -- and getting this corporation formed and initial stock allocated, was a priority (that I was inclined to drag my feet on)."
“With any other legal team, I’ve already had the experience that it’s going to be more expensive, more difficult, and just cause me heartache. Working with @VirtualCounsel is a HUGE difference – I tell everyone I can about how great @VirtualCounsel is, and I recommend them to anyone with a start-up or growing business. They've helped me with almost every single legal aspect of my business you can think of."
"I actually ENJOY talking with my legal team! They do everything so fast. The communication is so fast, you’re not calling a secretary, you’re not waiting. It’s all online where you can chat very very quickly with @VirtualCounsel in Slack and get your questions answered and then, if needed, you can hop on a quick call with them and go over what you actually need to do.”
"I think the most important thing is that I felt like I had counsel. I had someone that I could rely on regularly, whenever I had a concern. They mapped out everything I needed to do for the weeks and months ahead in order to keep my company compliant, stable, and secure so that I had the space to go out and do my work and do my business."
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FAQs
It depends on the jurisdiction. Some states (like California) ban most non-competes, while others enforce them only if narrowly tailored in scope and duration. A safer approach is to rely on confidentiality and non-solicitation clauses, which are more broadly enforceable.
Not necessarily. Equity is a powerful incentive, but it should be allocated strategically. Early hires often receive equity, while later hires may receive market-rate salaries with smaller or no equity grants. What matters most is aligning compensation with company stage and employee contribution.
Misclassification can trigger back taxes, wage penalties, benefits liability, and lawsuits. Regulators look at the reality of the relationship, not the contract label. If a worker acts like an employee - taking direction, working set hours, or performing core functions - they probably are one in the eyes of the law.
Yes. While not legally required for very small teams, a handbook sets expectations, communicates policies, and helps protect against legal claims. As soon as a startup hires beyond a handful of people, a simple but tailored handbook becomes a best practice.
Yes. Contractors often have access to sensitive information and customer relationships, so including a non-solicit in contractor agreements is recommended.
A non-solicit limits poaching of employees or customers, while a non-compete prevents someone from working for a competitor. Courts generally view non-solicits as more reasonable.
A typical duration is 12–18 months. Longer restrictions are more likely to be challenged in court.
Not always. Most states allow them if reasonable, but California restricts employee-related non-solicits. Customer-focused non-solicits may still be enforceable in certain cases.
No. Non-competes should be used cautiously, only in states where they’re enforceable and for roles where they are truly necessary. Otherwise, focus on enforceable alternatives.
Not necessarily. Strong confidentiality and invention assignment agreements often provide more reliable protection for IP and trade secrets.
Most startups mess up hiring and employment compliance.
You're unsure about offer letters, employment agreements, and contractor classifications.
You're worried about employee handbooks, terminations, and staying compliant with labor laws.
You're risking costly disputes and penalties because you're building HR processes on the fly.
We get it, which is why we build comprehensive employment playbooks so you can hire slow and fire fast with peace of mind.
Your Employment Advantage
Clear Hiring Agreements
Long-Term Security
Power in Negotiations
Get Employment Agreements Right from the Start
Missteps in hiring and employment law can be costly. We ensure your contracts, policies, and equity plans are drafted to meet legal requirements, reduce disputes, and give you confidence as you scale.