When Do I Need an Employment Law Attorney?

 

Not every business has an in-house attorney. However, there may be times when one is needed, especially when dealing with employment law. With employment laws changing rapidly and courts interpreting them in new ways, it can be hard to keep up. Making the wrong move when it comes to employment law can result in disastrous lawsuits that can ruin a company.

Instead of winging it, know when to contact an attorney with employment law experience. Not every decision needs an attorney’s presence behind it, but quite a few do. Here are some instances when it would be wise to contact an attorney:

  • Firing an employee- If an employer is worried the employee in question might sue, or if the reasoning is legal, an attorney can advise them. There are laws surrounding what an employee can be fired for, and what could be considered discrimination on the part of the employer. Attorneys can also help an employer minimize the risk of a lawsuit regarding the terminated employee.
  • Employee classifications- Misclassification can cost an employer quite a bit. Before classifying an employee or group of employees, ask an attorney to review the classification. No employer wants to pay overtime and penalties for years after a mistake.
  • Lawsuits- This one is a no-brainer; if an employer gets a notification that and employee is suing them, they will need an attorney. Employment lawsuits tend to be more complex and need to be dealt with in a timely manner.
  • Claims or complaints- This isn’t quite a lawsuit, but could still be costly for the employer. Employees can file an administrative charge of discrimination, retaliation, or harassments with the EEOC and an agency investigation may occur.
  • Contracts and agreements- Make sure the contract includes all the necessary legal terms by having an attorney review it. If not, the contract could be invalidated by a court.
  • Policies and handbooks- Attorneys can review policies to make sure there are no violations regarding overtime pay, family leave, final paychecks, and more. They can suggest adding policies they know to be beneficial from past experiences as well.

Running to an attorney for every employment law-related question could get costly. Consider hiring an in-house lawyer, such as InnovaCounsel. They can work part or full-time, depending on the company’s needs. Their attorneys also have years of experience in the employment law industry and can steer employers in the right direction.

Not in the market for in-house counsel? They can also handle special projects such as internal investigations. Contact them and discover the InnovaCounsel difference. 


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