Any company that has employees will likely require the services of a business lawyer at some point. Employment issues are complex and can affect your business in ways you may not have considered. Federal, state, and even local laws and regulations may govern the relationship your company has with its employees.
There are several situations in which your organization should seek advice from an experienced New York business lawyer. Here are a few.
When You Want to Hire for a New Position
It’s one thing to hire a new employee for an existing position. But what happens if your business wants to create a new, previously non-existent role within your company? In this case, proper classification of the job is essential. For instance, is this new role actually an employment position, or are you simply engaging an independent contractor? Strict rules will help answer this question.
There are significant legal and business implications to whether the individual is a bona fide employee or a contractor. If it’s an employment position, for example, the Fair Labor Standards Act will come into play. Minimum wage, overtime, and related matters then become relevant. Consult a skilled New York business lawyer to navigate these issues.
When Creating or Revising a Policies and Procedures Handbook
Adopting formal, written policies and procedures is crucial for minimizing the risk of litigation and negative employee relations issues. A policy and procedures handbook can address various matters, including:
- Employee benefits and compensation
- Workplace harassment and discrimination
- Prohibited employee conduct
- Performance expectations and reviews
- Disciplinary and termination issues
An attorney can assist your organization in drafting or revising these internal guidelines.
When You Need to Terminate an Employee
Firing a worker, even though it is common, can open the door to lawsuits against your business. While New York is an at-will employment state, meaning employers can fire employees for any reason, exceptions exist. As an example, an employer cannot fire someone for an illegal reason such as racial discrimination.
Although the termination may have been legal, it could look suspicious. An aggrieved employee may be convinced he or she was let go for an illegal reason. Our New York business law attorneys can help you understand the best practices for terminating employees.
When Litigation Is Involved
There may be a time when either you are sued by, or you need to sue, an employee. Employee-initiated litigation is a significant concern for any business. It can potentially lead to substantial legal damages, financial losses, and damage to your company’s reputation. A current or former employee may file a lawsuit related to any number of claims.
Allegations of harassment, discrimination, wage and hour violations, and unlawful retaliation are frequent sources of litigation. In other cases, employees allege that their employers breached an employment contract.
On the other hand, employers may have to take legal action against their current or former employees for various reasons. Some examples include:
- Breach of an employment contract
- Breach of a fiduciary duty
- Interference with the company’s business relationships
- Violation of a non-compete, non-solicitation, non-disclosure, or confidentiality agreement
- Theft or destruction of company property
- Defamation of the business
Contact Our Experienced New York Business Lawyers
The above are just some of the scenarios in which a company may need legal counsel. Employment issues can quickly spiral out of control without proper guidance. That’s where the New York business attorneys of Rosenbaum & Taylor can advise your organization. Reach out to our team today to learn more.
