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Signs you need an Employment Attorney – Part 2

Signs you need an Employment Attorney – Part 2 Hopefully you read our prior blog discussing issues employers’ face that typically warrant involving your legal counsel. Below are a few other matters that employers face and require the advice and guidance of an employment attorney :

Litigation

If you are served with a lawsuit filed by one of your current or former employees, you should contact an employment attorney immediately. An employer must act swiftly to protect its rights and the deadline for responding to the lawsuit is short. In fact, most courts require a legal response to be filed in the lawsuit within two to three weeks from the date you were served with the petition or complaint. Thus, you must select your legal counsel and determine the appropriate response very quickly.

Administrative claims

Although administrative matters do not always require you to use an attorney, they should be taken very seriously. For example, if an employee files a claim of discrimination, harassment or retaliation with the U.S. Equal Employment Opportunity Commission, you are wise to confer with legal counsel. Your attorney can assess the validity of the claim, help develop a response to the allegations, assist with any investigation by the agency, as well as how to present evidence at the hearing.

Factors to consider are the amount of damages the agency could assess against you, whether or employees have (or have previously alleged) similar claims, and if the employee has threatened litigation. If the employee has retained counsel and your company has not, you will be at a serious disadvantage.

Contracts and handbooks

When it comes to drafting employment agreements, severance contracts or even employee handbooks , having an attorney review them can help prevent the inclusion of troublesome language that could cause you problems in the future. An experienced lawyer knows what language the court looks for and can help protect your best interests by ensuring the right terminology is being used.

The Swenson Law Firm is located in Sacramento County and we proudly serve businesses of all sizes from all over the State of California. Contact us today to learn more about how we can assist you with matters such as trademarks, defending lawsuits, business formation, contract negotiations, hiring employees, and protecting your intellectual property. With our years of complex business trial and litigation experience, we are an effective, efficient and affordable choice in representing you at the bargaining table and in the courtroom.

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