At one point in our lives we all need a lawyer. For employers this becomes a bit more often depending on the situation. Lawyers by trade know the state they passed the bar exam for. They know the laws for the state the practice in, this means they know the penal codes and other bits many of us do not. They know the ins and outs of situations all lawyers have a concentration. Such as family law, employment laws and so on make sure your lawyer is trained for employment law.

Situations when you need a lawyer the most

Firing an employee can be a tricky situation; if you do not consult a lawyer; since employees may sue for wrongful termination. The employment lawyer will tell you when a firing is legal this minimizes a lawsuit. When the employee has benefits that are due to pay out soon; get opinions as to how to deal with this. When the worker has access to a high security clearance within the company; this means they have access to confidential information about your company. When the employee denies committing the acts in which you are firing them for even after investigating them. You need an employment lawyer when firing over excessive absences since they can be covered under the FMLA act. You need to watch when you fire a female in an all male environment. You need an employment lawyer if the employee has filed a claim with a government agency. You need to consult a lawyer about discrimination and harassment complaints. Should you feel an employee has the ability to harm your other employees then you need a lawyer. You also need to consult a lawyer if the employee is disabled, pregnant, or practices some religions. You also need to consult a lawyer if the employee has a contract that limits how they can be fired.

You also need a lawyer when you classify employees as exempt and non-exempt for tax purposes. Another situation is when you have large layoffs, or plan to change a benefit such as remove the retirement plan. It is also wise to have a lawyer for contracts and agreements both new and older. Having a lawyer look over the employee handbook and company policies keeps you from being sued later. When employees bring serious claims it could result in you having to pay damages.

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Establishing a safe and healthful working environment requires every employer, whether it be large or small, and every employee to make safety and health a top priority. The Occupational Safety and Health Act of 1970 (OSH Act) was passed in order to set and enforce protective workplace safety to workers and employers. This act is aimed at reducing injuries, illnesses and fatalities, and increasing an improvement in safety.

“To assure safe and healthful working conditions for working men and women by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions…” – The Occupational Safety and Health Act of 1970 (OSH Act)

https://www.osha.gov/Publications/osha3021.pdf

With that being said, employers have a significant amount of responsibilities to make the workplace a safe environment. A workplace should not have serious hazards and must follow every OSHA safety and health standard. As an employer, it is his or her responsibility to find and correct any and all potential safety or health hazards and keep them under control. The employer must also educate themselves and their workers about potential hazards through training or information sheets. If a problem does arise, it is the employer’s responsibility to aid the situation and keep record of any work-related injuries or illnesses. Worker’s compensation is a mandatory insurance system in which the employer protects his or her employees no matter the circumstance.

There is no such thing as being too safe. As technological progress continues to evolve, so do potential hazards. No matter where one works, there may be potential risk. Safety provides a comfortable work environment, and if issues arise it is up to the employer to handle it and the employee to know his or her rights.

If you, or someone you know, is facing legal issues in the workplace, United Employees Law Group has answers. Call Today for your free and confidential case review.

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