Drafting Policies, Procedures May Reduce Risks
When a new business opens its doors, savvy entrepreneurs already have a Rolodex full of office resources. They start an account with the office supply shop. The telephone number of a temp agency is already on speed dial.
They even stock the kitchen with menus from every restaurant and catering service within a five-mile radius of the office. But the resource they often fail to think of is an attorney specializing in employment law.
There are two main reasons that a business might be reluctant to retain counsel. First, money is tight when you are starting out. Second, you may think you don’t need an employment attorney if you’re not having legal troubles at the moment. Both seem like good arguments at first thought, but can end up costing you a great deal.
– Written Policies May Reduce Risk
Even if your company is not being sued by an employee right now, chances are some time in the future, a disgruntled worker will file a claim. It is far more economical to address issues proactively than to defend claims later.
Experienced employment attorneys can help a company draft policies and procedures that minimize a company’s risk of being sued.
They will advise you to educate employees about sexual harassment and discrimination laws, and create a grievance system that incorporates an investigation. They will review your stock option plans, vacation, wage and hour policies to ensure they are in compliance with state and federal laws. They will advise you on how to deal with employees from the first time you interview them to their resignation. Employment lawyers are a valuable resource for both new and established businesses. Let’s face it. We live in a litigious society where more people than ever before are using the courts to settle disputes. There are more employment cases than ever before. Are more employees being treated inequitably by employers today? Or are they just more apt to sue?
There certainly are legitimate cases filed against employers. Some businesses violate employment laws with abandon. But there are also more frivolous cases than ever before. Why? It’s a more transient workplace than it was 20 years ago. Time once was that a worker started with a company after graduation from college, and 40 years later received a gold watch from the same employer.
– Less Loyalty, Higher Turnover
Now many employees job hop every few years and feel less loyalty towards their employers. With the increase in employee turnover, businesses also face greater challenges in adjusting to new workers. Coupled together, these changes in the workforce have resulted in more employment related lawsuits filed against businesses.
Retaining an experienced employment lawyer is one of many investments that may pay off for a business. By helping devise proactive strategies to reduce incidences of sexual harassment, discrimination and exploitation, a company will inevitably reduce the number of claims filed by its employees. When nonmeritorious cases are filed, a skilled employment attorney can help minimize economic losses associated with defending a claim.
Businesses have many resources that can help them maximize productivity, increase profits and create an enjoyable work atmosphere. Some are obvious. Others only come to mind when you need them. But the most successful workplace is the one that retains the services of a skilled employment attorney long before issues arise. Wynne is a partner specializing in employment law at the firm Duckor, Spradling & Metzger, a law corporation with offices in Downtown San Diego.
