When employment disputes arise, it might be a good idea to handle them through an attorney. It can be particularly tricky to try and navigate them on your own so having some legal expertise on your side can take care of these issues. Employment law is also changing all the time, so to save yourself some trouble, here are some incidents where you should consider hiring an employment attorney to take care of the matter for you.
Termination Of Employment
The Workplace lawyers in Sydney can provide you with the advice you need when it comes to firing an employee. There is always the possibility that an employee might sue you, even if the termination is based on bad behavior or performance problems. An employment attorney can let you know whether the termination will be legal or what steps you can take to minimize the risk of a lawsuit.
You can seek the advice of an attorney when:
● they may believe that they have an implied employment contract limiting your right to fire
● they have benefits, stock options, or retirement money that are due to vest shortly
● they have a written or oral employment contract that limits your right to fire
● they have recently filed a complaint or claim with a government agency or complained to you of illegal or unethical activity in the workplace
● they deny committing the acts for which you are firing them, even after an investigation
This is only a small list of situations that an attorney could help you with, but if you aren’t sure, it doesn’t hurt to contact an employment lawyer just in case.
Classification issues can put you and your business at risk for liability. You should seek the advice of an attorney before you classify any position as exempt/nonexempt, or label a group of individuals as independent contractors rather than employees. If you misclassify, then you could end up having to pay a hefty fine.
If you are being sued by a current or former employee, then an attorney should be contacted right away. Specific actions have to be taken to ensure that your rights are protected and to preserve any evidence that might be used in court. There are short time limits on these actions, so time is of the essence in getting an attorney involved.
Claims And Complaints
A current or former employee might initiate some kind of adversarial process short of a lawsuit. This can include, for example, an administrative charge of discrimination, retaliation, or harassment with the U.S. Equal Employment Opportunity Commission, or appealing the denial of unemployment benefits. Although these kinds of matters can be handled by employers, having some legal advice can challenge the strength of an employee’s claim, prepare a response, and how to present evidence at the hearing.
Employment issues don’t have to be difficult to navigate with the right legal team on your side. If you’re afraid that you, as an employer, are going to be brought before the court by a current or former employee, then it would be a good idea to seek legal counsel as soon as possible.