Rosen Harwood Blog

Preparing for the Inevitable Lawsuit

If you are an employer, there is a 100% chance that you will get sued if you are in business for an extended period of time – it comes with the territory. Suits can range from discrimination and harassment, to wrongful termination or contract disputes. Regardless of the situation, the best way to avoid litigation is to have a great attorney and know what preventative steps to take.

Employment law is quickly changing and it is important for employers to stay on top of the ins and outs of this legal labyrinth. Attorneys are there to help you from the beginning and throughout your company’s lifetime. That includes helping form the company, drafting contracts, conducting negotiations, giving advice, collecting monies owed, and defending lawsuits.

Here are a few examples of when hiring an attorney is better for your company than trying to get information from a website:

  1. Employee Policies and Handbooks

This is one of the most important documents an employer has. It outlines the policies and procedures regarding benefits, behavior, and discipline. If and when a dispute arises, it is often the employee handbook that saves the employer. It is important to have an attorney draft and periodically review employment policies and handbooks to ensure compliance with all applicable law.

  1. Training

It is not enough to simply have a policy that discusses harassment, discrimination, etc. Employers should provide training at least once a year to ensure that all employees and supervisors know the proper protocol for handling disputes. Supervisors should also be trained on how to properly document and maintain an employee personnel file. The training should be conducted by someone who is experienced in the prevention, identification, and remediation of unlawful harassment and discrimination.

  1. Contracts and Agreements

A well drafted contract can help avoid litigation in the future. When most uncomfortable circumstances are accounted for upfront, it eases the tension between parties should a dispute arise later. An attorney will help you stay within the confines of the law without going beyond what is required.

  1. Miscellaneous Advice

Before firing, laying-off, changing employee benefits or pension plans, or classifying employees as exempt or non-exempt, employers should seek the advice of an attorney. Seeking advice on how to avoid potential legal pitfalls will save an employer time and money in the long run.

If you have questions about proactively planning to mitigate the effect of lawsuits in the future contact Kimberly Jones at (205) 469-1151 or kjones@rosenharwood.com.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

 

Kimberly S. Jones

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