When Does Employer Need Employment Lawyer
At one point in our lives we all need a lawyer. For employers this becomes a bit more often depending on the situation. Lawyers by trade know the state they passed the bar exam for. They know the laws for the state the practice in, this means they know the penal codes and other bits many of us do not. They know the ins and outs of situations all lawyers have a concentration. Such as family law, employment laws and so on make sure your lawyer is trained for employment law.
Situations when you need a lawyer the most
Firing an employee can be a tricky situation; if you do not consult a lawyer; since employees may sue for wrongful termination. The employment lawyer will tell you when a firing is legal this minimizes a lawsuit. When the employee has benefits that are due to pay out soon; get opinions as to how to deal with this. When the worker has access to a high security clearance within the company; this means they have access to confidential information about your company. When the employee denies committing the acts in which you are firing them for even after investigating them. You need an employment lawyer when firing over excessive absences since they can be covered under the FMLA act. You need to watch when you fire a female in an all male environment. You need an employment lawyer if the employee has filed a claim with a government agency. You need to consult a lawyer about discrimination and harassment complaints. Should you feel an employee has the ability to harm your other employees then you need a lawyer. You also need to consult a lawyer if the employee is disabled, pregnant, or practices some religions. You also need to consult a lawyer if the employee has a contract that limits how they can be fired.
You also need a lawyer when you classify employees as exempt and non-exempt for tax purposes. Another situation is when you have large layoffs, or plan to change a benefit such as remove the retirement plan. It is also wise to have a lawyer for contracts and agreements both new and older. Having a lawyer look over the employee handbook and company policies keeps you from being sued later. When employees bring serious claims it could result in you having to pay damages.