Surprisingly, even the most responsible employers could require legal assistance in their workplace from employment solicitors. 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 announce 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 a lawyer each time you evaluate, reprimand, or even dismiss 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. The challenge is determining which circumstances call for professional assistance and which you can handle on your own. Here are some tasks and problems that you might want to bring up with Los Angeles employment law firm.
Before terminating an employee for misconduct, poor performance, or other undesirable behavior, you should think about seeking legal counsel, especially if you are concerned that the person might file a lawsuit. A lawyer can advise you on how to reduce the likelihood of a lawsuit as well as if it will be legal to fire the employee.
Classification issues could affect a significant portion of your personnel and raise your liability risk. Consider consulting a lawyer for advice before designating a position as exempt or nonexempt or designating a group of people as independent contractors as opposed to employees. The cost of misclassification is frequently prohibitive and may entail years of unpaid overtime as well as fines for numerous employees.
Any personnel choice that will have a significant impact on a lot of employees can also benefit from the legal examination. It would be wise to run your plans past a lawyer before you take any action, for instance, if you intend to terminate some employees, alter your pension plan, or stop offering an employee perk. The attorney can inform you of any potential legal difficulties you might encounter and offer guidance on how to avoid them.
Speak with a lawyer soon if one of your employees, present or past, sues you. Employment litigation can be incredibly complicated. To ensure that your rights are upheld and to preserve any potential legal evidence, you must take specific steps straight away. The window of opportunity for taking action is relatively small; many courts demand that you respond to a lawsuit in writing within a few weeks. Find a lawyer as soon as you learn that you are the target of a lawsuit.
Complaints and Claims
Sometimes a current or former employee starts a dispute resolution procedure other than a lawsuit. For example, a worker could inform the US of retaliation, harassment, or discrimination by EEOC or a similar state organization. A former employee may also obtain a hearing by appealing the denial of unemployment benefits, which is permitted in many jurisdictions.
Agreements and Contracts
Employment-related agreements, such as employment contracts, severance agreements, or releases, that you frequently utilize with your employees can be rapidly reviewed and troubleshooted by a lawyer. Your contracts can be reviewed by a lawyer to ensure that they are legally sound and will be upheld by a judge. A lawyer can point out any problematic terminology you may have used or any instances where you may have exceeded what is required of you by the law.
Policies and Handbooks
You can also ask a lawyer to give your employee handbook or personnel policies a comprehensive legal evaluation. A lawyer can first and foremost make sure that your policies do not contravene legal requirements for things like overtime pay, family leave, final paychecks, and occupational safety and health, to name a few. A lawyer can also look for language that might establish unexpected duties towards your staff. And a lawyer might advise you to consider extending your insurance.