A lawyer providing employer assistance allows a business to navigate workplace issues and avoid liability. No matter the size of your company, having employees implicates many areas of the law. Many companies consult with an employment lawyer on an “as needed” basis for advice on employee and human resource issues. That type of preventive measure can save thousands of dollars in the long run. Of course, if your business becomes the subject of an employment-related legal claim, you will need to consult an attorney as quickly as possible to assess the situation and determine if there are any upcoming deadlines and devise a strategy for handling the situation.

Questions that employer assistance can help address: 

• • • What employment laws apply to my business?

    • Does the company’s job application include improper questions?

    • What forms should new employees complete?

    • Does the company need to report employee information to any government agencies?

    • What types of employment policies does my business need?

    • What systems should the company have in place to track employee time, performance and discipline?

    • How does a company handle work related injuriesWhat type of insurance coverage does the company need?

    • Are the employees properly classified as “exempt” or not exempt?

    • Are the employees paid in accordance with the law?

Other legal issues that employers face:

Unemployment Claims

• • • Is the business completing the proper forms when it terminates an employee?

    • Does the company document the underlying reasons for a termination?

    • Can the company contest an award of unemployment benefits?

 Discrimination, Harassment and Retaliation Claims

• • • Do federal employment laws apply to the business?
    • Are proper HR policies in place?
    • Has an employee complained about discrimination or harassment in the workplace?
    • How should the company respond to employee complaints?
    • Did the company take an adverse employment action against an employee because they engaged in legally protected activity?
    • Did someone file an EEOC Charge against your company?

Wage and Hour / Employee Pay

• • • Is the company correctly paying overtime?

    • Are employees properly classified for purposes of the FLSA overtime exemption?

    • Does the company maintain adequate time records?

    • Do employees earn at least the legal minimum wage?

    • When can an employer dock time?

    • Can a company hold an employee’s paycheck?

    • When can a company change an employee’s pay?

    • Has an employee filed a complaint with the U.S. Department of Labor or other government agency regarding your company’s pay practices?

Medical and Other Leave Time 

• • • When is an employer required to provide time off?

    • Are employees entitled to return to their position after taking leave?

    • Does a company have to provide an employee with leave time as an accommodation for a disability?

Contractual issues

• • • Has the company formed any employment agreements?

    • Should the company pay severance to a terminated employee?

    • Is the company’s non-compete/non-solicitation agreement enforceable?

    • Do any employees have non-compete and/or non-solicitation agreements with a former employer?

    • Has the company created contracts for payment of commissions or bonuses?

    • Is the company required to pay unused vacation / paid time off upon an employee’s termination?

Employee Handbooks, Policies and Procedures

• • • What types of employment policies and procedures does my business need?

    • Does the company have policies that are not legally applicable to the business?

    • Are the company’s policies up to date?

    • Is the company complying with the laws pertaining to onboarding and terminating employees?

Whether you are unsure how to handle a situation involving employees, or your business ends up facing a formal complaint or lawsuit, it is critical that you consult with an attorney with significant experience in employment claims, as such matters often involve complex issues that don’t arise in other types of cases.

My legal career has been devoted almost exclusively to employment-related matters, and I have handled a variety of cases involving numerous types of contested claims in administrative agencies, as well as state and federal trial and appellate courts.