7 Ideal situations when it is time for a business to consult an employment attorney
Sometimes even the most responsible employer needs assistance from an employment lawyer. Many employment-related concerns can be resolved on your own, but some are exceptionally complex and call for legal counsel.
Employment legislation is subject to quick change. Every day, courts and government organizations produce fresh interpretations of these laws, sometimes utterly refuting what everyone previously believed the law to entail. It is simple to understand why you should seek legal counsel when you find yourself in trouble, especially when you consider the possibility that former employees' claims could result in significant damages judgments against the employer.
However, you are not required to consult an employment lawyer each time you review, reprimand, or even terminate a worker. After all, attorneys are not inexpensive. You will quickly go bankrupt if you consult a lawyer every time you need to make a choice regarding your employment.
Let’s take a look at the situations when an employer should consult an employment lawyer.
#1: You are hiring for a new job position
Different positions are subject to different employment laws. If you are creating a new position, it is crucial that you categorize the position correctly.
For instance, an employee may or may not be exempt from overtime, breaks, and other requirements required by the federal Fair Labor Standards Act depending on the person's job, income, and form of payment. Additionally, there are standards that must be followed in order to categorize someone as an independent contractor as opposed to an employee.
Role misclassification can have significant financial repercussions. You may make sure you are in compliance by working with an employment attorney to understand the laws that are relevant to you.
#2: You are planning to lay off an employee
Like the majority of states, states like Michigan is an at-will employment state, which means that a company can normally fire a worker at any time for any reason, including no cause at all. A worker cannot be fired legally, though:
Because they have utilized legal benefits, such as Workers' Compensation or Family Medical Leave, or are about to do so
Out of discrimination based on race, religion, or sex
Out of retaliation based on the fact that they reported harassment
In violation of the terms of an employment contract
Whenever you are concerned about terminating an employee, you should seek the help of an employment attorney who can walk you through the process and give you advice.
#3: You are setting up employment policies or creating a handbook
Having documented employment regulations that are part of an employee handbook is usually a smart idea. This helps set expectations for your staff and can defend you in the event of legal action.
You may design a handbook and policies that adhere to all federal and state requirements with the aid of an employment attorney. This might also include legal liability restrictions and regulations outlining your responsibilities to your staff. Even if you choose to create your own employee handbook, it is a good idea to have an employer lawyer review it to make sure there are no legal snags.
#4: Your employee has sued you for some reason
It's critical that you get in touch with an employment lawyer as soon as possible if an employee has already sued you for some reason or has threatened you about it.
Time is essential, especially if you have received legal complaint service. You only have a brief window of opportunity to address a complaint. You risk losing a lot of your legal options to successfully refute the employee's claims in court if you don't do this. A lawyer can assist in ensuring that you adhere to all deadlines and submit a response that protects your defenses.
An employment lawyer can assist you in negotiating with the employee's attorney and trying to reach a resolution without incurring significant costs, even if legal action hasn't yet been initiated.
#5: A worker has filed administrative complaints against you
Workplace harassment, retaliation, discrimination, and unfair labor practices are all prohibited by a number of federal and state laws. Employees may make administrative complaints and seek remedies in accordance with all of these regulations.
It's crucial to seek legal advice from an employment attorney if one of your current or former employees has filed an administrative complaint. You can get advice from them on how to participate in any investigation and how to handle accusations. They could also stand in for you at a hearing with the administration.
#6: You have to sue an employee of your organization
You as an employer might be worried about lawsuits brought by irate workers. But are you aware that there are some circumstances in which you may need to file a lawsuit against a current or former employee in order to safeguard your company's interests?
You might have grounds to sue a worker for the following:
Breach of a non-solicitation, non-compete, or non-disclosure agreement
Violation of an employment contract;
Malicious meddling in your commercial connections;
Indemnification for losses you incur as a result of a worker's negligence;
Defamation
Violation of allegiance
The thieving or destruction of business property.
#7: You have to lay off workers
Many employers find themselves in the regrettable, but occasionally necessary, situation of having to lay off personnel.
Various federal or state layoff regulations may apply to you, depending on how many people you're firing, how big your company is, and where it's located. According to these guidelines, you could be required to give a specific length of notice or even to provide severance pay or ongoing health benefits for a given amount of time.
Contact your nearby legal firm for a free consultation if you are dealing with any of the aforementioned circumstances or if you have any other inquiries about employment law for your company. The law firm you contact should be a well-known business law firm with attorneys who are knowledgeable in all facets of employment law.
