If you own your own business and have employees on your payroll, you never know what will happen. For example, there may be times an employee makes a complaint or does not agree with how you do something. Because employment laws are very difficult to understand and they change quickly, you need to hire an employment attorney in certain situations. Below is some information about this so you will know what to do:
Help You Make Decisions
There are many cases where you may need help in making decisions. For example, you may want to fire an employee but you must be careful when doing so. This is particularly true if you think the employee will sue you. You may be firing an employee due to them not performing their job properly, for misconduct, for being late all the time, and more. An employment attorney can advise you on if firing your employer will be legal, as well as what you can do to reduce the chances of a lawsuit.
Below are some situations that you may want to hire an employment attorney before you decide to fire an employee:
- The employee has recently made a complaint of unethical activity, harassment, or discrimination.
- The employee has recently told you that they are pregnant, have a recently diagnosed illness, such as cancer.
- The employee states they did not commit the acts that you are firing them for, such as bad job performance.
- The employee has already hired an employment attorney for their self.
- You are concerned that the employee may become violent or vandalize your workplace.
Help You with Complaints and Claims
If you have any employee, whether they still work for you, they have quit, or you fired them, that makes some kind of complaint or claim against you, then you should hire an attorney. If you do not, this could easily result in a lawsuit and this could adversely affect your company.
For example, they may claim their unemployment benefits were denied. Depending on the state that you live in, the employee can request a hearing. The employee may also contact a state agency to file a charge of harassment, retaliation, or discrimination.
An employment attorney will investigate to see how strong the employee's claim is. They will also help you write a response to their charge, and how to deal with investigations against your company. You will also have to present evidence to the court, such as paperwork showing you had a right to fire an employee. The employer attorney can help make sure you present the right evidence.
Your employment attorney can give you much more information so you can decide if you should hire them. Contact a law office like Mohajerian A Professional Law Corporation for more information and assistance.