Employment laws are one of the fastest changing laws in the world. You need to keep up with the change to maintain constant vigilance over employees, and for that you need a lawyer. Because you are focusing on your business, you require someone who is up to date with the laws and knows how the legal world operates.
A lawyer can be important if you are faced with a disgruntled employee. However, this does not mean you keep calling your attorney for everything. There are matters you can handle yourself and there are those that require an attorney.
When Do You Need Legal Help?
An attorney can help your company in several ways. Sometimes, you might be faced with unfair lawsuits or intellectual theft. You might need help in getting rid of an employee who is counterproductive and wastes company time. It is a good idea that you have a lawyer when you cannot afford to concern yourself with these matters. A lawyer is the professional legal help you need.
Firing an Employee
There are a few situations that absolutely require an employer to call an attorney. These are:
- A worker has either a documented or oral contract, which limits you from firing them.
- An employee claims to have a document that limits your ability to let them go. This is blackmailing and has to be dealt with legally to minimize problems.
- An employee has benefits invested in the company.
- The worker has filed a complaint against you or claimed that you have mistreated them.
- An employee has filed a harassment complaint.
- Controlling change in the environment of the office to aware the remaining employees of the policies.
- An employee belongs to the protected class which is ‘pregnant’ or ‘disabled’ etc.
- There is concern about the employee’s ability to act out or become violent in the office.
- The employee denies allegations you have placed upon them for tampering or denies the reason you wish to fire them.
When it comes to classifying your employees, you have to be very careful. You have to know who you categorize as an exempt, nonexempt or labelling them as freelance workers as opposed to actual employees.
You have to have a lawyer present when it comes to making cutbacks or making any other major changes in your office. This means that if you want to have an entire branch laid off or wish to change your company’s pension plans, you need a lawyer present. If you want to discontinue benefits, chances are that you might be vulnerable to legal action through your employees. Protect yourself with a lawyer.
If you feel like you are facing a situation where you might get in trouble or are unsure how to proceed, your attorney can be a valuable assistant and guide in the matter. Sometimes, there are laws that you do not know about and can hinder you. So, being a businessperson, follow the laws and ensure you don’t break them. This can be made possible once you hire and are working with a good lawyer.