Posted on February 13th, 2020
California’s employment laws are difficult and you could be facing a lawsuit. But do you need an employment lawyer? Here’s why you need a lawyer on your side.
You pride yourself on being a fair and thorough employer who looks after their staff and treats them well.
However, even the most judicious business owner will sometimes need advice and legal expertise from an employment lawyer, especially if they want a positive relationship with their workforce and care about their reputation.
Let’s look at this in more detail…
The Basics
Employment law can be a minefield for many reasons, even for the most well-intentioned employer. Laws change or are modified by the courts.
They can be easily misinterpreted, and no employer is immune from costly employee lawsuits that damage reputation and bank balance alike.
California employment law is known to have stringent Equal Employment Opportunity (EEO) requirements that prohibit employment discrimination.
The California Fair Employment and Housing Act (FEHA) outlines all the areas of employment law a careful business owner should be broadly aware of and expect their employment lawyer to know inside out.
Books have been written about California employment law. However, unless you’re an employer with a ton of time on their hands, let us outline when we think any savvy business owner should seek an employment lawyer.
When You Fire Someone
If you’re at all concerned that an employee may sue you after you’ve fired them, you should get legal advice, especially if that worker has already hired a lawyer.
The most common reasons for firing someone tend to be poor behavior, absence, performance, and misconduct. If you’re considering firing someone, then there are some things you need to consider before going ahead all guns blazing.
It’s wise to consult an employment lawyer before firing someone if they have a written or oral employment contract, stock options, or retirement money.
Also, if they have recently complained about discrimination or harassment in the workplace, they are pregnant, have a disability, or have particular religious beliefs.
You’re worried the employee may potentially be violent or aggressive. Some law firms will even do the firing on your behalf.
Californian Employment Law is Complicated
A few years ago, insurance provider Hiscox published a report whose findings should make California business owners sit up and take note.
They found that Californian businesses are 40% more likely to be sued by their employees than other US states.
The report authors believe that the reasons are because California state laws go beyond federal guidelines, and California’s rigid rules around fair employment practices and anti-discrimination against employees lead to higher levels of complaints from workers.
You’re Being Sued
Here’s every business owner’s nightmare. If you are being sued for whatever reason by an employee or former employee, talk to a lawyer immediately.
Ideally, you’ll want a lawyer that can represent you at any potential labor hearing or conferences.
Changes to Your Business
If your business is undergoing some changes that will impact your employees, then you need to talk to a lawyer first.
For example, if you’re extending or consolidating your businesses, this may impact your employee’s jobs, prospects, and contracts.
The same also applies if you’re changing your employee handbook, pension plan, or any other employee benefits. Before making changes to an employee’s working practices, you need to be sure you’re not about to break the law.
An employment lawyer can help you with any collective bargaining you need to do with your workforce.
Employee Classification
Companies will use these to calculate salaries and whether or not someone is eligible for company benefits. If you’re unsure whether or not your workforce falls into an employee or contractor category, a lawyer can advise you.
In California, employees have significant rights that contractors do not, for example, access to benefits such as minimum wage, breaks, and overtime.
There are legal tests in California that decide if someone is a contractor or employee.
It’s an area an employment lawyer can walk you through, especially if you have a potential dispute on your hands or your business takes on staff during busier periods.
Your Business is Accused of Harassment
It’s wise to seek advice from a lawyer because if an employee makes an allegation of harassment or discrimination, you need to take specific steps when investigating the claim.
A lawyer can advise you that your procedures and policies are in place and of all the actions you need to take and in which order.
If you’re concerned the complaint will result in significant damages set against you or your business, then talking to a lawyer is a wise step.
This is especially the case if you’re aware that other employees have already complained or are about to complain about the same issue or person.
Do You Need an Employment Lawyer?
No one is saying that you need to talk to a lawyer every time you want to raise something with an employee. However, it’s sensible to be forward-thinking as an employer and be protected.
If you think you need to talk to an employment lawyer because you’re involved in an employment dispute, give us a call.
The same goes if you want to have all your policies in place to avoid any problematic conflicts. We only represent California employers.
We’ll give you a free 15-minute phone consultation to assess how best to tackle your employee problem. You can talk to us in English or Spanish.
We only employ reputable California labor lawyers who have a good standing with the California State board.
What are you waiting for? Get in touch today.
