Legal - Employment Legal Issues
Streetwise Tips

Streetwise Tips on Employment Legal Issues

There is an incredible variety of legal issues involving employees that you need to be concerned about. There are two in particular that you really need to focus on. Be careful if you are firing any employee over forty. And be careful in your handling of sexual harassment issues. These two issues seem to bring more and more companies into the courtroom. Age discrimination and sexual harassment suits are notoriously difficult for companies to win, and juries often award plaintiffs very large judgements.

* Proactive policies

Just being fair to your employees is not a wise policy for avoiding legal trouble. You must implement proactive measures before trouble brews. You need to institute formal policies on issues such as discrimination and sexual harassment that will assist, inasmuch as possible, in heading off trouble, and lay a foundation for any legal defense you may need to launch should suit be brought.

Employment laws were written to help re-elect politicians, not to assist small business owners. And disgruntled employees don’t always have a high regard for the truth. This combination, in court, may spell disaster for you. Plan ahead—be proactive with solid, written policies.

* Legal help

Don’t skimp on legal counsel before firing an employee or changing personnel policies. Some statistics suggest that over one-half of all fired employees consult with attorneys and consider taking legal action against former employers.

When considering firing someone, consult with your lawyer. Remember that in a courtroom it is your word against that of the employee, and juries are, typically, composed of employees, not employers. And whether or not a claim ever sees the inside of a courtroom, it is going to cost you substantially in both time and money. Spend a few bucks on advance advice, to avoid spending huge sums to mount a legal defense.

* Weak lawyers

Your regular lawyer may be a really nice person. He or she may be quite astute regarding business issues. But when you are dealing with employment issues, seek an expert in employment law.

Employment law is continually and rapidly evolving. Decisions in employment-related suits change the legal face of employer-employee relationships every day. Advice that was sound last year may be use-less this year. You need to consult with an attorney who makes employment issues his or her one and only specialty whenever you are dealing with sticky employment-related situations.