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March 30, 2022As an employer, there are several things you need to take care of, and one of them is the efficient employment process. It usually involves many steps, such as creating a job description, initial screening, administration of employment tests, conducting interviews, and having the successful candidate sign an employment contract. However, navigating these procedures can be confusing and complicated since it involves some legalities.
Generally, the employment process should be conducted in accordance with the labor laws applicable in your area. Your failure to stay compliant can result in legal problems with your employees, which can be costly, stressful, and damaging to your business’s reputation. When this happens, hiring an employment lawyer would be an excellent idea.
Read on to learn the three reasons for hiring an employment lawyer.
1. To Ensure Compliance With Certain Employment Standards
When onboarding new employees, you need to comply with the minimum employment standards required by your state’s labor laws. These can include salaries and wages, work hours rules, overtime, holiday pay, paid leaves, meal breaks and rest periods, and other working conditions.
Generally, these employment standards are necessary to ensure a conducive and safe working environment for all your employees. Failing to adhere to these requirements can result in a serious violation of the employment laws in your state, which can be a ground for the affected employees to file a lawsuit against you.
To avoid this situation, you need to hire an employment lawyer Sydney or wherever you may be for valuable legal advice. They’re familiar with particular employment and labor laws, so they can advise you on whether the minimum employment standards are complied with by your company. For example, they can determine if the salaries and wages are below or beyond the required minimum wage in your area. Hence, they’ll call your attention to correct the discrepancy to avoid legal trouble in the long run.
2. To Help Draft Employment Contracts
Generally, an employment contract is an agreement entered into between the employer and the employees, which states the rights and obligations of each party. Aside from the employment standards, the contract also includes non-disclosure and non-compete agreements, which are designed to prevent an employee from disclosing trade secrets or work processes to competitors after their employment stint.
To ensure these agreements are appropriately incorporated in your employment contracts, you should work with a dedicated employment lawyer. They can draft a contract in a way that the non-disclosure and non-compete agreements tackle the conditions about the confidentiality of your business assets.
Moreover, having a legal professional craft these documents can give you peace of mind knowing that they are drafted in compliance with specific employment laws and within fairgrounds for both parties.
3. To Defend Your Business Against Lawsuits
In some cases, your business can be sued by your disgruntled employees due to a perceived violation of their employee rights. When this happens, you have a reason to hire an employment lawyer to defend your company against lawsuits initiated by your employees.
Typically, employees sue their employers due to the following circumstances:
- Discrimination: This happens when an employee is unfairly treated because of specific characteristics. These can include race, age, ethnicity, sexual orientation, religion, and similar conditions. For example, if you deny promotions, training opportunities, or benefits because the employee is a woman, you may be held liable for discrimination in the workplace.
- Sexual Harassment: This occurs when someone in the workplace requests sexual favors or does unwelcome conduct, making the person feel intimated or humiliated. For example, if you offer an employee a pay raise in exchange for a sexual favor, you may also be sued by the affected worker for quid pro quo sexual harassment. Other common examples of harassment in the workplace can include unwelcome touching, sexually explicit physical contact, insults based on sex, suggestive comments, and other similar behavior.
- Wrongful Termination: Your employee may also file a case against you if they believe they’re wrongfully terminated. Wrongful termination refers to terminating an employee’s employment without just cause. For example, a wrongful termination case may be filed against you if you fire an employee for being a whistleblower.
In these three instances, you need to seek legal assistance from a lawyer to defend yourself in litigation. They can evaluate the facts of your case, investigate what happened, prepare a response to the charge, and submit evidence during the hearing. More importantly, they’ll do their best to strengthen your case and ensure a favorable outcome on your behalf.
Bottom Line
When you employ individuals to be part of your organization, you must protect their rights as employees and provide a favorable working environment. Hence, to do so, you need the assistance of an employment lawyer to make sure all pertinent laws and policies are complied with throughout the recruitment process and during the course of the employees’ employment.
By keeping the information mentioned above in mind, you’ll understand the importance of hiring a lawyer to help you with employment matters in your organization.