Starting up a business and managing it may not be a smooth journey without the guidance of an experienced employment attorney. When hiring employees, a lot needs to be taken into consideration including hiring the best, dedicated professionals, their salaries, benefits, and much more.
Most business owners fail to think about hiring an employment law attorney. Now the question is – is it really important? When do you need an attorney exactly? It is a temporary or permanent requirement? Can you wait to hire one until an emergency strikes?
- 1 Although no one intends to break rules, the employment law is very complex.
- 2 Here is a list of 9 situations you must call an employment attorney
- 2.1 1. When Firing an Employee
- 2.2 2. Dealing with A Government Agency
- 2.3 3. Illegal Harassment Complaint by an Employee
- 2.4 4. When Served With Legal Papers
- 2.5 5. Laying People Off
- 2.6 6. Disputes of Wage Contract
- 2.7 7. Employee Classifications
- 2.8 8. Policies and Handbooks
- 2.9 9. Other Important Decisions
- 2.10 Related Posts
Although no one intends to break rules, the employment law is very complex.
Hiring an attorney will help if you get involved in an employment-related argument. In case, you wish to make sure you haven’t violated any federal or state employment laws, hiring an attorney will help. A legal conflict between the employer and their employee must be reviewed by an experienced employment attorney. A law professional will help you understand the issue and ways to deal with it.
Here is a list of 9 situations you must call an employment attorney
1. When Firing an Employee
This is not a straight forward situation. There are a number of situations when you can fire an employee. However, there are some which aren’t considered legal in some states such as Montana. Also even under some legal conditions like arriving late thrice in a row, you need to think twice. Firing one employee for this and sparing another may get you charged under gender discrimination law. An experienced attorney employee will help you deal with this.
2. Dealing with A Government Agency
This isn’t as easy a situation as it sounds. Representatives from the EEOC or the Department of Labor may show up in your office without a prior notice. They may want to see your records. Under this situation, you simply need to ask them to take a seat while you call the employment attorney.
Also call the employment attorney without wasting a moment. Make sure you do exactly as directed by your attorney. If you have an attorney hired for the office, the job gets easier. However, if you haven’t, find one as soon as possible while government agent waits at the front office.
3. Illegal Harassment Complaint by an Employee
This claim may be handled well by an experienced employment law attorney. Things may be such that it is easy for an attorney to fix. In most cases, harassment complaints are not straightforward. Many things may have been said in a joke. In some cases, this might be an evidence of ongoing discrimination. So it is important to conduct your investigation smartly. It really helps double checking with the lawyer to make sure you are complying with the law and conducting the investigation in a correct way.
4. When Served With Legal Papers
It will be a big blunder if you think of handling this situation without professional guidance. Although you may think you can handle it well, a simple mistake on legal terms may make you lose the case. So get in touch with an employment attorney without wasting time.
5. Laying People Off
Layoffs need to be straightforward. However, it is crucial to make sure you abide by the laws. These rules differ from one state to another. When offering severance pay, the employees must sign a general release of claims to receive that severance. The employee gives up the right to sue for a number of reasons in this document. He or she may even agree to a non-compete or non-disparagement clauses in return of severance.
An employment attorney requires writing the release for you. Here, you can dictate what you wish to include. The attorney will direct you in this mission. Since the law varies from state to state, you must make sure you abide by.
6. Disputes of Wage Contract
Disputes related to wage are complicated. This may be categorized into withholding of wages of employee or wage negotiations. Both state and federal laws require that an employer must pay minimum wage to their employees. In case, the salary paid is different from what was assured, it is imperative to review the employee-employer contract thoroughly. In order to file a claim, it is crucial to present wage amount and duration of contract within the contract for the employee. An experienced employment attorney will handle this case with care.
7. Employee Classifications
Issues related to classification issues may have a serious impact on a large portion of employer’s workforce. This may create a probability for increased liability. Prior to categorizing a specific position as exempt/nonexempt or cataloguing a group of individuals as independent contractors instead of employees, you should seek guidance from an experienced employment lawyer. Any misclassification or error in the process may lead to exorbitant tag. In most cases, this includes several years of unpaid overtime and penalties for multiple workforces.
8. Policies and Handbooks
It is the job of an employment lawyer to write, review, and update company policies. They will do it in a way to meet varied changing requirements proposed by legislation. An organization must make sure that their policies abide by all laws related to leaves, overtime pay, and safety at workplace.
9. Other Important Decisions
It is wise to have a lawyer review a crucial employment decision that may affect a huge number of employees. For instance, you wish to make some changes in your pension plan, or discontinue a specific employee benefit. Under these conditions, it is important to have the plans reviewed by a lawyer prior to taking action. An experienced employment lawyer will guide you about potential legal pitfalls you may face.
To Sum Up
Although hiring an employment law attorney may be a little expensive, losing a lawsuit may cost you even more. These experienced law professionals may help you prevent lawsuits and compliance related issues. They will guide you to stay safe under complicated circumstances.