The employer-employee professional relationship is not only guarded by the company’s bylaws. It is also guarded by each state’s statutes for employment law. The law protects the rights of individual employees. But what about that of employers? What situations warrant that you, the employer, hire an employment law attorney kansas city recommends?
Company And/Or Employee Handbook Oversight
Managers and/or business owners, ones who are genuinely concerned about the well-being of their employees against the backdrop of their business’s operational success, rarely incite actions to damage either one, on purpose.
Though this may stand true, creating and/or changing rules in the handbook should be done with the oversight of an employment law attorney. This is to ensure that every term and condition listed therein does not violate any federal law of the state.
Changes in the company’s employee handbook will be inevitable when expansion takes place. An increase in the number of employees to the increase of the size of the workspace, among others, necessitate adherence to an additional set of laws.
Potential Problems Among Employees
Human Resource departments are the usual mediators when it comes to disputes employees have against the company, or against its branches therein. But the fact is that HR personnel are not equipped to handle legal matters. You will have to employ the services of a legal representative and/or firm.
Let professional legal advisors handle these cases to avoid letting the same spiral downward and out of hand, which will then, do more harm to the company and to the employee/s than good.
Firing And/Or Laying Off Employees
Letting go of an employee is never an easy task. Again, this responsibility seems to fall on the plate of HR. But this may only spell looming disaster. Firing employees without following proper legal protocol can be used against you.
The employee can file a lawsuit against the malpractice that transpired in his or her firing. Every state has varying regulations regarding this matter. Firing one employee for a company violation when another did the same misdeed yet is still employed, unequal treatment and/or firing, firing a worker without warning and/or notice (if applicable), the list goes on. The same is true with laying off workers.
There are documentation requirements for the latter such as contracts stating that the receipt of severance pay equates to giving up rights to sue the company for layoffs. Another is the immediate laying off workers without observing the 60-day advance notice for it. There are so many occurrences wherein a misstep by persons who are not knowledgeable of their legal repercussions will cause the company insurmountable turmoil.
These will all backfire unless you let a law advocate step in.
Receipt Of Official Notices And Visits From Representatives Of The Department Of Labor And The EEOC
Do not fret when this happens. However, always remember to have said labour representatives speak with your employment law attorney instead of you or any other employee of the company. This remains true even if you are confident that all of your business operations are and continue to be lawful.
Of course, you will need to already have a partnership with a firm for you to reach out to them promptly. When you do, simply tell the labour representative to wait to speak to your legal advisor/s.