Employment Litigation Lawyer

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Are you a small business owner that is facing an employment-related litigation filing from a current or former employee? Due to a downturn in the economy and stricter government enforcement, discrimination and wage hour violations are becoming more common for businesses. Save yourself from the potential fines,penalties, and judgments and speak with an employment litigation attorney for advice on the best methods of handling these situations. Through a customized approach, proper counsel can assist you with an individualized strategy specific to your business objective.

The wage and hour violations often stem from incorrect employee misclassification.Is an employee exempt or non-exempt? Just because someone is on salary does not make them exempt. Similarly, the definition of an independent contractor is established by statute and court cases, and cannot be altered by an employer.

Some common examples of California Wage hour violations include:
Unpaid straight-time wages: If you ask y9our employees to work off the clock, your business can face severe penalties in addition to unpaid wages.
Unpaid overtime wages: If the a non-exempt employee works over 8 hours in a day OR over 40 hours in a week, your company is compelled to pay time and a half for excess time.

Independent Contactor Status: Employers frequently misclassify workers as independent contractors, and face penalties that could put them out of business.
Some examples of Employment Discrimination include:

Excluding potential employees during recruitment due to their background/demographics
Denying compensation and/or benefits to certain employees.
Unequal pay for equally-qualified employees in the same position.
Non uniformity in disability leave, maternity leave, or retirement options

Employers are also required to inform their employees about their EEOC and DFEH rights,and must not retaliate if they do file a discriminatory complaint.
When looking for an attorney that best suits your needs, it is important that they are offering the most practical and cost-effective solution to the dispute you may be involved in. An experienced attorney will be able to properly asses the risks you are facing and propose the best litigation options well before trial.Even while you are facing a legal case, as a business owner, there are other matters that need to be focused on to keep your business properly functioning.With the help of an employment litigation lawyer, you can be sure that the best approach to your case is being taken so that you can concentrate on the other important aspects in running your business.

The main goal for any business attorney is to effectively manage the strategy they will employ for the case, as well as achieve the desired goal that the business owner is aiming for. In some cases, it may be appropriate to negotiate a settlement with the plaintiff, while in others, it may be necessary to vigorously defend the business owner against the claims set forth by the employee. An expert attorney will have this strategy set out well in advance so that you, the business owner, are fully prepared on what to expect.

Going through a dispute with a current or past employee is something that no business owner wants to go through. Although it may be unavoidable in some instances,there are some preventative measures that you can take to ensure that you are following the best practices as set out by the labor board. First and foremost,having an employment handbook set in place is a necessity. However, having just any template handbook can still lead to problems. Having a business attorney custom draft your handbook specific to your business can make sure that all the policies you want to enforce are included. Enforcing an employee handbook is just the first step to avoiding legal troubles with an employee. For additional information about protecting your business from legal woes, contact an attorney at www.SmallBusinessLaw.Org.

Posted in: Employment \ Tagged: , , ,

The Importance Of Internal Investigation Documentation

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Many believe that keeping records regarding workplace investigations leads to greater risk, because it becomes challenging to hide the fact that you were aware of an important issue that should have been given attention. The Labour and Employment Law Blog has worked to debunk many common workplace myths- one of them tackles the issue of documenting workplace issues.

In the post “Employment Laws Mistake #7 – Documenting Workplace Issues”, they state that “jurors, EEOC investigators, unemployment insurance judges and everyone in between, expect employers to keep good records and be able to produce them when there is an issue about the actions that were taken and the reasons for doing so.” Therefore, it won’t cut it if you try to avoid responsibility for your actions by simply not recording them.

The Importance of Record Keeping
There are a growing number of rules and regulations that businesses have to adhere to in order to demonstrate that sufficient action was taken regarding all workplace complaints. One of the easiest ways to create evidence to prove your case is to document all of the steps taken from the time an incident was reported to the conclusion and decision made after the completion of an investigation. The article “Documenting Employee Behavior and Performance” on HRHero.com states that:

“Documentation can be used as a key tool for legal defense. Good documentation by supervisors and managers can mean the difference between a company winning and losing an employment-related lawsuit. For example, good documentation of an employee’s pattern of poor performance and discipline can establish that the employee’s firing wasn’t related to discrimination based on race, sex, age, religion, disability, or national origin. An employer may have a much more difficult time proving that without such documentation.”

The above quote brings up a valuable question- can you afford not to take the time to document internal incidents and the rest of the investigation process? If taking the time to record incidents and information means the difference between winning or losing a case in court, wouldn’t it be easier to start documenting these matters now?

It’s important for business leaders to understand that problems will only escalate if you neglect to record incidents- the idea that you cannot be held liable simply because there’s no written record of an incident isn’t going to help you out. Documentation can also benefit your business should an employee lodge a complaint after they have been removed from your company. The longer it takes for an incident to be reported, chances are, your recall of events- when left up to memory, will likely lead to a poor account of the events and reasoning behind decisions made, which could make your statements invalid.

The post “Employment Laws Mistake #7 – Documenting Workplace Issues” states that “there are also a number of practical reasons to maintain proper documentation. While business organizations are dynamic and individuals may come and go- as well as their feelings toward an employer, the documents will always remain. Also, creating a written record helps to focus one’s attention and thinking and leads to better decision making.”

What to Record
In the article “Resolving Workplace Problems”, they reinforce the importance of documenting complaints, as well as providing a list of information that you will want to keep. “Set up a file and keep records of all relevant documents and correspondence. Records should include:

– Factual written summaries of incidents noting date, time, location, and persons involved.
– Memos and letters
– Relevant work documents
– Meeting notes
– Performance evaluations
– Any other relevant paperwork to document your workplace problem- investigation interviews, witness statements, etc.
– Keeping a paper trail is essential for providing needed evidence should legal action be needed down the road.” It’s impossible to have too much information regarding an incident- you would much rather be safe than sorry when it comes to legal matters.

Posted in: Employment \ Tagged: ,