Five Reasons You Need Legal Advice about Your Employees
It could be that you never expected for your business to actually take on employees. After all, you were intent on handling everything on your own. Nevertheless, you don’t want to look backward. Rather, there are a number of reasons you need legal advice about your prospective hires. A business lawyer with an understanding of employment law can help you avoid some fatal errors.
It could be as simple as determining what constitutes an independent contractor versus a W-2 employee. Of course, the issue is something you should review with your accountant. Notwithstanding, there are legal issues involved in employment status. For example, what happens if the worker is hurt on the job? Will you be required to provide benefits?
Wondering why else you need an attorney with experience in employment law? Consider these reasons.
Employment Law and Your Business
For starters, we have already suggested that you should start with a basic understanding of employment law when you open your business. In most cases, your company lawyer will bring the discussion up at your initial meeting. Other than determining the tax and legal status of your employees, here are some other considerations:
- Employee Handbook – First, employee handbooks are not required by law. However, if you think your business would benefit from one, you should have it reviewed. You don’t want to be haunted by disgruntled employees who cite the employee handbook when they decide to pursue some type of litigation.
- Employment Contracts – In some businesses, it is crucial that you have new hires or current employees sign employment agreements. You may want to include language concerning confidentiality and non-competes on the chance employees leave your company. Most importantly, you will want to make sure your employment contract is written in accordance with Texas law.
- Employment Decisions – What legal recourse do you have for an employee’s misconduct or poor performance? Can you just fire someone because you really don’t like them? A business attorney with experience in employment law can help protect you from unnecessary headaches.
- Labor Relations – If labor relations are an important part of your business, it will be important to seek legal advice concerning your hires and your obligations to them.
- Lawsuits – No one wants to become involved in a lawsuit. Candidly, many problems with employees should be addressed with as many prophylactic measures in place that are possible. However, a work relationship can mean discrimination or harassment complaints. Your company can be faced with a wrongful discharge or wrongful termination Whatever, the case, you should have legal representation to act as your advocate.
Any company that has employees will benefit from legal advice. Manfred Sternberg and Associates has experience representing companies in all facets of their business. Contact us to see how we can assist you.