Disputes between employers and employees can be complex. The employer’s response to a complaint or allegation can impact how quickly the issue is resolved, the cost of resolution, and whether the business can move forward. Despite the outcome when these matters make it into court, the court of public opinion can have a great impact on the business and its future. Employers facing these challenging circumstances need an experienced team of employment lawyers to help navigate the situation.
Most often, the goal is to resolve the issue quickly, without the need for costly, timely, and very public court proceedings. Our team is adept with the skillset to provide strategic counsel and effective defense to protect your business against even the most complicated disputes. Dedicated to representing businesses facing a variety of labor and employment law matters, our attorneys commit to understanding how the business operates, why there is a dispute, and provide innovative solutions.
If your business is facing legal disputes related to the following employment matters, consult an experienced employment defense attorney to ensure you are equipped with the resources, counsel, and defense necessary to protect your business.
Fair Labor Standards
Whether you are establishing a new position or adjusting the expectations for an existing position, it is important to adhere to the rules set forth by the Fair Labor Standards Act. An employment attorney can provide the guidance you need to remain compliant with federal laws and avoid employee disputes, steep fines, and litigation.
Family and Medical Leave Act (FMLA)
While federal law gives qualified employees the right to care for sick family without risking their employment, the fact is FMLA is a rigid set of guidelines that only applies to certain employers and certain employees under certain conditions. Rather than trying to navigate the complexities of FMLA on your own, consult an attorney who can interpret the law, guide you in its application, and defend your business when facing an FMLA dispute.
Employers can limit the risk of discrimination claims by taking a proactive approach in creating employment policies and procedures designed to prevent discrimination. Any planned actions against an employee should be carefully executed to ensure there is no possibility of discrimination. Working with an employment attorney to create and implement business procedures provides an invaluable resource to ensure discrimination is not an issue in the workplace. When a claim of discrimination comes up, your attorney will be able to zealously advocate for your business in overcoming any allegation.
Under Title VII, an employer can avoid liability for harassment claims so long as no adverse employment action was taken against the employee, the employer can prove it took reasonable steps to prevent and correct any alleged harassment in the workplace, and that the employee was not receptive of the employer’s efforts. Liability depends on the facts.
The best scenario ends with an internal complaint where the employer takes every step necessary to protect the employee and prevent further harassment. However, the matter could still end up in litigation and the employer could be held liable. Therefore, from the moment an employee comes forward with an allegation, an employment attorney can provide counsel to the employer in responding, reacting, and resolving the issue.
Equal Employment Opportunity Commission (EEOC)
Whether you are subject to a full-blown investigation or have just received notice of a complaint, an EEOC complaint warrants hiring a skilled employer defense attorney to provide the advocacy and defense your business needs to overcome any alleged misconduct. EEOC complaints must be taken seriously, and without effective representation throughout the process, a small issue could be disastrous for the future of your business.
Contact Our Office Today
Should you find yourself dealing with a dispute in the workplace and need help determining the best path forward, contact our office today. We provide common-sense legal solutions to help you reach your desired objectives.