Running a company is difficult, considering that you need to do different tasks at the same time like make marketing plans, talk to your clients, and monitor the performance of every employee. You will experience bigger problems when an employee decided to sue you or he failed to meet your expectations.
There are instances when you will be required to seek legal help from a Los Angeles employment lawyer, especially if you will need to make important employment decisions or appear in court due to a workplace dispute.
As mentioned in the previous article, laws can be revised or changed so it is better if there is a legal expert who will help you understand them. Aside from helping you make employment-related decisions and determining if you can fire an employee without being held liable for it, your attorney will also do the following for you:
- Review the employee handbook- Your attorney will study the handbook to see if the policies included in it will recognize an employee's right to be in a safe workplace, receive overtime pay, and take a leave of absence when he needs to take care of a sick family member.
Aside from reviewing the contents of the employee handbook, your attorney may also include additional rules which may enable you to have an effective and reliable workforce.
Here are the following areas that should be covered by it:
- Salary and benefits
- Proper attendance
- Ways of filing and handling complaints
- Punishments for different violations
- Grounds for suspension and termination
- Make an employment contract- Your attorney can make an employment contract which will be signed by newly-hired employees. He will determine if it covers all the issues that may arise during an employee's employment period.
In addition, he may encourage you to adopt an Alternative Dispute Resolution (ADR) process or method, which will help you resolve problems in the workplace without the need to file a court case.
- Defend you if a complaint was filed against you- An employee who was fired may decide to file a complaint against you, especially if he thinks that you removed him from the company due to illegal reasons.
For example, you might face a wrongful termination complaint that was filed with the U.S. Equal Employment Opportunity Commission (EEOC). It will be your attorney's job to gather and present evidence which shows you fired an employee because he failed to do his duties properly.
In addition, he will prove that you have given the claimant enough chances to improve his performance, but he continued to make the same mistakes.