Protecting Your Businesses From Employee Lawsuits
by Arina Smith Business Development 19 February 2019
Running a business is a dream that most people try to live out, but as enticing as it may, there are legal problems that if not carefully adhered to, a business venture can become a nightmare. As you start out, ensure that you seek employment law advice before you find yourself in trouble. Now, for you to stay clear from employee lawsuits, ensure that you look into the following points.
Understand the new legal requirements:
Employers are always busy talking with vendors or creating marketing campaigns. This makes it hard for employers to stay up-to-date on the legal requirements that affect the business. Yet, when you fail to comply with the legal requirements, you will face lawsuits. When violations are discovered, you will have penalties. But if you want to protect your business, you have to seek out the services of an employment lawyer. This will help you to learn the nuances of the regulatory changes that affect your business as you continuously focus on your business operations.
Employers also need to understand that working laws, conditions, and regulations keep changing quite often. In addition, dates, statutes, and additional paperwork might come up unannounced with tight deadlines. Ensuring that your business is up-to-date on the paperwork and filing front ensures that you would not have a hard time with the regulators. To successfully achieve the same, you would require the legal services of the best employment lawyer new york city. They can help you navigate the murky waters of workplace lawsuits, settlements, and compensation cases. If you are involved in a tight personal injury lawsuit, they can prove to be an invaluable asset.
Develop internal procedures for investigative actions:
It is not sufficient to inform your employees of the policies and employment laws of the company. You need to work with a labor lawyer to develop a procedure for internal complaints investigations. You can prevent a lot of employee lawsuits if you place this procedure in action. If employers fail to address the concerns of employees, they are more likely to face litigation.
Have structures in place to prevent harm to employees health:
When extreme weather levels come to play, as the winter season, it is your work to ensure that you have ways to avoid slipping hazards that can impact the health of your employees. Below are some steps you can implement:
- Prevent accidents by spreading salt or placing melting mats on snow that is on slippery paths, access roads, and car parks.
- Prepare for the winter season by enrolling drivers in skid control training courses.
- Ensure that you heat the indoor areas where employees are working.
- Provide heating units where employees can hang their wet clothes to dry.
- Provide lots of breaks where workers can take the time to warm up with hot drinks.
Come up with a compliant and comprehensive employee handbook:
With an employment attorney on board, you can come up with an employee handbook that gives details on the legal regulations, policies, and procedures of the company. If your company does not have an employee handbook, it runs the risk of having lawsuits because of workplace discrimination and harassment. Some of the details that your handbook must have to include the current state and federal employment laws like regulations against discrimination. You should also state clearly how the company has zero tolerance for unacceptable actions like sexual harassment.
Avoid lawsuits that are related to employee discipline and firing:
Some of the best practices to help you stay away from employee termination lawsuits include:
- Create a clear job description that mentions the responsibilities and performance expectations of the employees.
- Communicate with your staff how you plan to enforce the requirements.
- Encourage your staff to communicate performance or workplace issues clearly through the procedure laid out in the company.
- Establish specific disciplinary procedures and a high standard of work ethics.
As an employer, terminating an employee is your prerogative. When you decide to terminate an employee from the workplace, ensure that you follow the proper procedure. To help you with this content, follow the tips below:
- Provide constructive criticisms and instructions about improving the behavior in the workplace, both verbally and in document form. In simple terms, communicate clearly the performance issues that an employee has to address.
- If an employee’s subpar performance persists, document the observation in relation to the performance expectations and job description that were outlined during the recruitment process. Provide copies to the reporting manager and the employee and get it signed by the employee to protect your company from Equal Employment Opportunity Commission charges.
- Before you fire an employee, have a document that states the performance issue that the employee needs to correct. Most businesses do not have such a management discipline planned out. When you keep proper records and have a management discipline in place, you will fill any loopholes for lawsuits.