As an employer, it is essential to understand why your employees may seek out an employment attorney. Even if you have taken all the necessary steps to comply with employment laws, misunderstandings or mistakes can still happen, and you want to be prepared when they do.
In this article, we will explore the five most common reasons employees reach out to an employment attorney and what you can do to prevent them. Keep reading to learn more.
1. Misclassification of Employees
The misclassification of employees is a common problem in businesses today, particularly when employers want to save money. An employee might be classified as an independent contractor instead of an actual employee, even though they are performing the same duties as any other worker.
This can lead to confusion about rights and entitlements, resulting in workers seeking legal assistance from an employment attorney. For instance, misclassifying an employee as an independent worker could deny them legal benefits such as minimum wage, overtime, and employment benefits like insurance.
And for what it’s worth, it can even get the employee in trouble with tax laws down the line since employees and independent contractors report income and pay taxes differently. To prevent these legal loopholes, business owners need to ensure that their workforce is accurately categorized from the start.
2. Wrongful Termination
Wrongful termination is by far one of the most common reasons employees seek out help from an employment attorney. Basically, it occurs when an employee is terminated without following due procedures as outlined by the law as well as the employment agreement that was signed between the worker and their employer.
For instance, if you’re terminated for reasons that violate federal or state anti-discrimination laws– such as being fired based on race, gender, religion, age, or disability– it is within your rights to seek legal recourse. Employers should ensure that they have a valid reason for terminating an employee and that it is not based on any discriminatory factors.
Additionally, it’s important to establish clear policies around hiring and firing so no one is unfairly dismissed or mistreated during their time with the company. Understandably, these cases could open businesses up to costly litigation should they fail to adhere to these standard practices appropriately.
3. Unpaid Wages and Overtime Violations
Many employers are unaware of labor rules and regulations or fail to pay workers the correct amount for their working hours. This can be a very costly mistake, such that those affected may need to seek the assistance of an employment lawyer to have their rights enforced properly.
Poor record-keeping of payroll is another problem businesses that sometimes face – one that needs prompt and accurate attention if you want your workforce to retain committed employees who feel appreciated and fairly treated.
As an employee, it is highly important to check your local laws regarding overtime pay too. Many states, such as California, peg overtime pay at one-and-a-half times the salary rate, whereas others might apply double rates. Non-compliance could easily result in penalties, alongside other demands that the employees in question may make before a court of law.
4. Workplace Discrimination and Retaliation
Discrimination in the workplace is still a common issue today. It occurs when employers treat their staff unfairly because of age, gender, race, sexual orientation, or other protected classes.
According to Attorney Mo Eldessouky, one of the renowned Riverside employment lawyers and other areas in California, a “protected class” refers to a group of people that’s been recognized legally to belong to a particular “minority.” Other protected classes may include nationality, religion, pregnancy, and disability, just to name a few.
Unfair dismissal, denial of benefits, or salary differences due to such reasons are just some examples that would prompt an employee to seek legal advice from an employment lawyer.
In some cases, employers may decide to take adverse action in retaliation to the employee for exercising their rights or speaking out. It could come in the form of unfair performance reviews, transfers to undesirable locations, or denial of certain employment privileges.
This is taken as a move to gag employees, which may, in turn, affect morale in the company as workers feel inhibited from voicing their concerns or exercising their rights. Such employees will often seek advice from an employment attorney on how to navigate the matter and seek dispute resolution.
5. Poor Working Conditions or Harassment
Employees work hard and should expect to be treated with respect in the workplace. As an employer, it is your legal obligation to put measures in place to ensure the health and safety of your staff are protected. If a business isn’t providing adequate working conditions, such as comfortable temperatures or personal protective equipment, the employees may also reach out to employment attorneys for legal advice about their rights surrounding health and safety issues.
Similarly, workers who experience inappropriate behavior from colleagues or superiors might seek legal opinion if complaints are ignored by their employer or HR. Having clear policies around what is and is not acceptable within the workplace can help prevent any issues from arising in the first place, ensuring that employees have clear guidelines from which they can seek justice when needed. No business wants to have to deal with costly litigation due to employee mistreatment or negligence on behalf of senior members of staff.
6. Unjustified Employment Practices
It is not unusual for employers to provide strict deadlines and targets from time to time. This is often okay as long as it’s within the employment contract. However, sometimes employers tend to put rather unreasonable demands on their workers, such as asking an employee to work in a hostile environment, not providing regular breaks, enforcing excessive working hours, forcing an employee to work when feeling unwell, or denying leave.
All these may constitute a breach of labor laws and may prompt the affected employee to seek legal advice, especially if internal dispute resolution systems fail or are unavailable. As an employer, avoiding such practices can be a good way to protect yourself and your company from unnecessary, possibly lengthy, and costly lawsuits.
In conclusion, it is essential for employers to understand the reasons why employees may seek out an employment attorney. By taking steps to prevent issues such as misclassification, wrongful termination, unpaid wages, workplace discrimination, and poor working conditions, employers can create a positive work environment and avoid legal disputes. Among the best things you can do for your company is to stay informed and compliant with employment laws and always prioritize the well-being of your employees.
