In this day and age even the best employers and business owners need the help of attorneys. Most of the employment matters can be handled by the employer alone, but sometimes there are instances where they need the assistance and guidance of an attorney.
Employment laws are one of the most fast changing in the world. To keep up with the change, lawyers have to maintain a sense of vigilance that employers who are concentrating on their own businesses cannot. It is easy to get tangled in the never ending changes in the laws, especially when disgruntled employees use these changes against their former employers. However, this does not mean that employers keep bringing in lawyers for whatever problems they seem to have.
When Should an Employer Call for Legal Help?
A lawyer can help in a multitude of ways. There are many instances, like unfair lawsuits or intellectual theft or even the sensitive matter of letting an employee go. It is wise to have a lawyer or paralegal present when dealing with such sensitive matters.
Some of the reasons when an employer should call his lawyer when it comes to terminating the position of an individual are:
- The worker has either a written or oral agreement that limits the employer’s ability to fire them
- An employee believes that he or she has a contract that limits an employer from firing them.
- An employee has benefits in the company that are due to vest
- The worker has filed a complaint or taken some form of action against an employer for bad or disorderly conduct.
- AN employee has filed a harassment or workplace discrimination complaint against the employer
- Letting the employee go would bring a drastic change in the organization
- An employee has revealed that he or she belongs to the ‘protected’ class, for example is either pregnant or has a disability or even practices a different religion
- There is concern about the individual’s behavior in regards to the office place, for example thy are violent or have anger management issues
- The employee denies the allegations placed upon them even after investigation.
Classifications are common in the workplace. But as an employee, it is important for a person to be very careful about who they classify and why. Before classifying people as either exempt or nonexempt or labelling people as freelance rather than employees, it would be wise to consult with a lawyer. Sometimes classifications can turn into hefty lawsuits.
It would also be wise to consult with a lawyer before making large changes in the company. For a company to have an entire branch laid off or change the pension plans for even to discontinue a few benefits, it is important to know of the legal consequences that accompany the decision.
In situations where an employer feels like they could get into trouble or is unsure of what they should or should not do, it is very important that they talk to their attorney. Sometimes there are laws that can ease their way or sometimes they can hinder them. For a businessman it is crucial to follow the laws and keep their reputation intact rather than to go on blindly ahead and cause their company damage.
Arthur Vincent is one of the leading attorneys when it comes to employment law. For more on employment law suits, Arthur suggests www.djpsolicitors.com