3 Instances When You Need An Employment Attorney In HR Matters
Are you wondering how to fire an employee without risking wrongful termination compensation? Understanding what the law says when handling major human resources processes like hiring and firing is important. Engaging an employment lawyer is prudent when handling such matters to be on the safe side of the law. They are legal experts on employment issues and can protect your rights as an employer. In what instances would you need an employment attorney?
Drafting and Reviewing HR Documents
Contracts and agreements guiding the responsibilities and duties of each party in an employment relationship must be enforceable in law. An employment lawyer can draft these employment documents to safeguard your interests by ensuring you get what you pay for. They will also advise when to use these documents, for example, which contract to use with which worker.
An employment attorney is also helpful when drafting or reviewing HR policies and handbooks. The attorney ensures these documents are within the law's confines regarding remuneration, leave, hiring, discipline procedures, firing, code of ethics, etc. The attorney ensures you are not legally exposed to risks. You avoid suits of sexual harassment, unsafe workplace conditions, pay discrimination, and so on.
Firing an Employee
You have the right to fire an employee for poor performance, malpractice, misconduct, or other breaches of contract. But you must follow the law in handling this sensitive HR matter. You need an employment lawyer to advise you on the legal way to minimize legal risks.
There are scenarios where you must beware of legal consequences and require an employment attorney like:
- You have a contract limiting your rights to terminate the contract, or the employee may believe there is an implied right.
- The employee recently filed a legal suit against you
- Firing the employee touches on issues such as discrimination (gender, race, religion)
- The employee has investments entangled in the business, e.g., stock options
Representation in HR Proceedings
You need an employment attorney when a current or former employee lodges a suit against you. The attorney files your response and collects evidence to support your case. They argue your defense and protect your rights in court.
You also need an employment attorney when there are employment-related claims and complaints against you. Common examples include claims for harassment, discrimination, and retaliation. Again, an employment attorney represents you in such proceedings to minimize the risks of huge adversarial penalties.
Are you unsure of the legal implications in an employment matter? Talk to an employment attorney about your concerns.