Situations When You Should Consider Consulting an Employment Lawyer (for Businesses/Employers): Part 2
In a previous article, we discussed four situations when an employer should consider consulting an employment lawyer. The four situations discussed in the previous article are;
- When you are hiring new workers
- When you are considering terminating an employee
- When you are establishing employment policies and creating an employee handbook
- When an employee has filed a lawsuit against you
Below, we discuss five more situations when you should consider consulting an employment lawyer. Read on!
You Need to Sue an Employee
Employers are usually worried about employees or former employees suing them. This is understandable. Cases of employees and former employees filing legal claims against employers are quite common. However, as an employer, you should know there are situations where you have the right to sue an employee. The following are examples of situations when you may have the right to sue an employee;
- Breach of an employment contract
- Defamation
- Breach of a non-disclosure agreement (NDA)
- Destruction or theft of company property
- Tortious interference with your business relationships
If a current or former employee has done something that warrants you to take legal action against them, it is best that you consult a qualified employment lawyer. A skilled attorney can help you understand your legal options and advise you on the best way to proceed.
You Need to Lay Off Employees
It is unfortunate when employees are laid off. However, sometimes layoffs are necessary and unavoidable. If you need to lay off workers, it is best that you consult an experienced employment attorney. When laying off workers, there are rules you need to follow. If you fail to follow the necessary rules, it may result in legal problems. For example, you may be required to give affected workers a certain amount of notice. An attorney can ensure you follow all the necessary layoff rules.
You Need to Respond to an Internal Employee Complaint
If an employee makes an internal complaint, for example, concerning discrimination, you should retain an attorney to help you to respond to the complaint. A skilled employment lawyer can help you determine the best way of handling the situation. An attorney can help you determine how best to resolve the matter.
You Want to Change Policies or Employee Benefits
It is crucial that you consult an employment attorney if you want to change policies or employment benefits. A skilled attorney can help ensure you are not violating employee rights and that your updated policies comply with the law.
You Want to Enter Into an Employment Contract With an Employee
If you want to enter into an employment contract with an employee, it is vital that you consult an experienced employment lawyer. An attorney can help you draft the contract or review it to ensure it meets the laid-down rules and cannot cause problems down the road. An attorney can ensure your interests are protected.
Contact an Experienced San Jose Business Law and Civil Litigation Attorney
If you are facing any of the situations discussed above or any other business-related matter not discussed herein, contact a Silicon Valley business law and civil litigation attorney at SAC Attorneys LLP. We are experienced in all aspects of employment law.