Scenarios where the employer needs an employment lawyer
Scenarios where the employer needs an employment lawyer
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| Employment lawyer Photo by Andrea Piacquadio: pexels.com |
Labor law is constantly evolving and lawmakers are issuing new opinions and interpretations of the law every day. While minor corrections and updates to laws are common, things get complicated when courts pass down one of the most important pieces of legislation. In such a scenario, it is very important to use the services of a competent labor attorney, especially if you are an employer. While most employment law issues are fairly easy to resolve, some are very complex and require legal expertise. In this article, we'll take a closer look at some of the scenarios where an employer may need the services of an employment law attorney. Just looking.
Advice on hiring decisions
Firing
In cases where it is possible that an employee could take legal action, you should consider seeking legal advice before terminating an employee for misconduct, poor performance, or generally negative behavior. An employment attorney can not only tell you whether the termination was legal, but they can also help you take the necessary steps to minimize the risk of a potential claim. Here are some scenarios where you should consider seeking legal advice to review your termination decision:
• The employee has a written or oral employment contract that limits your right to terminate your employment;
• The employee may believe that he or she has an implied employment contract;
• Employees have benefits, pension funds, or stock options that need to be invested immediately
• The employee recently filed a wrongful dismissal complaint with a government agency or complained to you about unethical activity at work;
• The employee has recently filed a harassment or discrimination complaint;
• The employee has recently disclosed that he or she is in a protected class (the employee is pregnant, practices a certain religion or has a disability);
• Firing an employee will dramatically change the demographics of your workplace;
• you are concerned about potential employee vandalism, violence or sabotage;
• Employees have access to important trade secrets or competitive information of your company;
• The employee categorically denies any misconduct that led you to fire him or her, even after an investigation;
• you terminated the employee for taking too much time off (if you are concerned that the vacation is protected by law);
• The employee has employed the services of an attorney to represent him/her in all subsequent interactions with you.
Employee evaluation
Employee ranking issues can have a major impact on your workforce and potentially lead to increased liability. Therefore, before assigning a particular position as free or non-exempt, or appointing a group of individuals as independent contractors rather than employees, you should consult a lawyer. Any misclassification can lead to high prices later on, which could include penalties for multiple employees and years of unpaid overtime.
Other decisions
You can also use the services of a lawyer to review decisions that affect a large number of employees. In cases where you are considering laying off some employees, changing your existing retirement plan, or terminating your benefits package, we recommend that your plan be reviewed by an employment law attorney before proceeding. Lawyers can tell you about potential legal pitfalls and help you avoid them.
Representation in the legislative process
Complaints and demands
There are situations where a current or former employee is more likely to initiate an adversarial process than a full claim. For example, he or she can file an administrative complaint with the labor court for discrimination, harassment, or denial of unemployment benefits.
Plus, having a competent, non-profit, and free attorney to represent you in court is a huge plus. Therefore, in this scenario, you should consult with a reputable labor attorney before taking any action. Lawyers can provide legal advice on the strength of claims, conduct regulatory investigations, prepare responses to charges, and provide evidence at trial. These scenarios may include:
• Employees make serious claims that could cause significant damage;
• Other former or current employees have made similar allegations, either at work or at the agency;
• The employee has filed a complaint (in this situation, the employee can only use the administrative process to gather evidence against you).
Claims
Employment law claims can be very complex and financially expensive. There are steps you should take immediately to protect your rights and get evidence. Usually, the time to file a lawsuit is fairly short, with many courts requiring you to file a formal legal response to the lawsuit within a few weeks.
Document verification
Policies and Manuals
You can also hire an attorney to thoroughly review your HR policies and employee handbook to see if they are legally relevant. First, an employment attorney can help you ensure your policies do not violate laws relating to family leave, overtime pay, final pay, or occupational health and safety, among other aspects of employment. Lawyers can also look for language that can lead to unintended commitments to your employees.
Contracts and agreements
With a knowledgeable labor law attorney on your side, you can easily review and finalize any labor law agreements you have with your employees. Employment contracts such as employment contracts, leave or termination agreements must be complete and complete to fill vacancies. Lawyers can help you review your contract to ensure it contains all important legal requirements and is legally enforceable.
