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Signs you need an Employment Attorney – Part 1

Signs you need an Employment Attorney – Part 1 Many employers strive to handle their employment matters without involving legal counsel. However, when tricky issues arise, it is wise to work with an employment attorney who is knowledgeable on the changing laws that may apply to your situation. Litigation with a former employee is not only expensive, but it can also result in large damages being awarded against the employer. Thus, having experienced counsel on your side is essential when you start feeling like you are in over your head. This blog is the first of a two-part series discussing a few of the situations employers face that necessitate the involvement of legal counsel.

So, how do you know which situations warrant a call to your employment lawyer and which don’t? After all, you don’t want to pay legal fees for every employment decision you have to make. Below are a few examples of when you should consider involving your attorney:

Firing an employee that may sue

When you have an employee that you believe is litigious, you should seek legal advice prior to firing him or her. Even when the decision to fire is legitimate – such as the employee’s misconduct, performance issues or other bad behavior – your attorney can help you develop a strategy that will lower the risk of a lawsuit against you.

If the employee has an employment agreement (express or implied) that restricts your right to fire, you should have an attorney involved. It is also important to involve your lawyer if the employee has benefits or retirement that is due to vest soon, has recently filed a claim or complaint with your HR department or a government agency, or the worker has access to your company’s trade secrets.

Classifying employees

How an employer classifies its employees impacts its workforce, which creates the potential for increased liability if the classification is incorrect. Thus, you should consider seeking advice from an employment attorney prior to classifying employees as exempt or non-exempt or determining a group of workers are independent contractors instead of employees.

Other decisions that impact numerous employees

When an employer makes a decision that will affect numerous employees, such as layoffs or changes to employee benefits, it is wise to seek legal counsel prior to taking such action. Your lawyer can assist you with avoiding certain mistakes that could lead to very negative consequences for your company.

The above are just a few examples of issues an employment attorney can help you with. Be sure to read our next blog which discusses a few other issues that warrant contacting your lawyer. Obtaining the right advice from the start can significantly increase the likelihood of your business being a success. Contact The Swenson Law Firm for help.

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