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27 Situations Where Your Business Needs an Employment Lawyer

Depending on how big your organization is, you may or may not have any attorneys in house. Unless you are rather large, you probably don’t have a lawyer on hand with particular experience in labor and employment matters. In that case, you likewise may or may not have human resource professionals with employment law compliance experience. Regardless of your business’ size and internal expertise, if you have employees, the day may come where your business needs the services of an employment lawyer.

(When you do speak to an employment lawyer, this Employment Law Dictionary may help!)

The List

Here are 27 situations where you should probably consult with an experience employment lawyer:

  1. You are hiring your first employee.
  2. You have been sued by an employee.
  3. You are firing your first employee.
  4. You are creating your first employee handbook.
  5. You are updating your employee handbook.
  6. You are considering involuntarily separating an employee on disability leave.
  7. You have an employee who has filed a complaint of harassment/discrimination.
  8. You aren’t sure whether to treat a worker as an employee or independent contractor.
  9. You aren’t sure whether an employee is exempt from overtime requirements.
  10. Your employees are talking about forming a union.
  11. You receive a demand for union representation or a union representation petition.
  12. You are considering disciplining employees for complaining about the company.
  13. Your employees threaten to or go on strike.
  14. You are considering laying off or terminating a group of employees.
  15. You want to offer a severance package to one or more employees.
  16. You are considering loaning money to an employee.
  17. You don’t want to hire an employee due to criminal record or prior drug use.
  18. You are considering how to deal with an employee whose disability interferes with job performance.
  19. You are considering testing applicants or employees, including skills and medical tests.
  20. You have an employee who has been arrested.
  21. You have an employee who may pose a threat to the workplace.
  22. You have become subject to affirmative action requirements.
  23. You don’t know whether you’re subject to affirmative action requirements.
  24. You receive an audit/investigation notice from a government agency regarding employees.
  25. You are negotiating a collective bargaining agreement with a union.
  26. You are acquiring another business that has employees.
  27. You have an employee who requests leave related to military service.

It’s Worth the Effort to Speak to an Employment Lawyer

Employment Law DictionaryThis is definitely not a complete list. I have received many calls over the years that don’t fall into any of these categories. But this probably covers the majority of the situations where organizations find themselves speaking to an employment attorney. Often the conversation is short. Even just a little bit of precaution can pay off handsomely. Other times the matter is more complicated, meaning the legal risk is probably even greater.

If your business is in any of these situations, do yourself a favor and seek the assistance of an experience employment lawyer. If you have the experience in house, that is great. If not, there are many qualified attorneys out there waiting for your call.

Again, while it’s not a substitute for legal advice, this Employment Law Dictionary will help you communicate with your employment lawyer!