Sometimes situations arise where the HR department needs help in solving issues to make sure there aren’t any legal problems down the line. But what are the situations that should be handled by an employment lawyer?
We’ll walk you through five situations when you should hire an employment lawyer to sort out a business issue below.
1. Call An Employment Lawyer For Terminations
Not all employee dismissals are clear cut cases. Some are very murky and need an expert eye to make sure all the i’s are dotted and the t’s are crossed.
A wrongful dismissal case can spell disaster for a company by tieing up time in courts and dishing out payouts. Making sure your dismissal is airtight is something an employment lawyer can help you oversee.
2. Contract Reviews
When an employee requests a contract review, some instances may be an easy thing to take care of by your HR department. But bigger issues like negotiating terms and conditions should warrant a call to employment lawyers and business lawyers.
The employment contract is the legal bond between an employer and employee so making sure that there isn’t any confusion or omittance in the wordings can be the difference between a great mutual contract, and a legal disaster.
Employment lawyers will also make sure that any statute and legal references in the employment agreements are up to date and current to make sure sections are always valid.
3. Workplace Harassment
These days workplace harassment is not taken very lightly. In more cases depending on the severity, an employee can be fired for harassment claims.
In these cases, an employment attorney will be able to walk you through calculating severance packages, compensations filings, and whether or not the harassment claim meets the threshold for termination.
4. Legally Filed Complaints
Often times courts will refuse to interact with or hear from a business regarding filed claims unless they have legal representation. Before these issues even hit the courts, it’s best to get an employment and business lawyer on hand immediately.
The lawyers will be able to assess the complaint and determine the best course of action for your business and can potentially save you costly court fees by discussing settling out of court.
5. Negotiating & Providing Settlements & Severances
Any payment that a business makes outside of regular norms can be scrutinized legally on a level of fairness on the basis of quite a few criteria.
Terminating long-term employees without cause factors in employees’ age, job type, and marketability of their skills in getting a new job. This will determine how much more you may be on the hook for in paying employees for settlements and severances.
Additionally, if you want them to sign a release agreement, you will need to ‘sweeten the deal’ for them to do so.
The Necessity of Employment Lawyers
Employment lawyers have a unique set of skills and knowledge in the legal area of business and employee dealings that your HR department may not have. When it comes to any legal matters its always best to consult a lawyer for advice.
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