No business owner starts out with the idea that he’s going to be the subject of an employment lawsuit. After all, very few owners have the intention of breaking any laws. (Granted, there are some people who do have the intention of breaking the law, but they aren’t the type who will research best practices on the internet.)
The problem is, that employment law is complex. Crazily complex, actually. Sometimes, you need an employment law attorney, but you don’t want to waste your money on high legal fees.
To keep reading, click here: 6 Points in Time When an Employer Needs an Attorney
I’m confused about the lateness thing. Could you fire Bill for coming in late three times if he has to be on time for his actual work, like the front desk or something where no one can start until he gets there, especially if he were on a PIP? And maybe if Molly had doctor’s appointments three days that week and made arrangements with you to come in late, then it would be okay? Correct me if I’m wrong (I frequently am!), but Bill couldn’t claim gender discrimination then, could he?
Or he could claim it but he might not have a case, I would think. If you documented all that, you’d be okay, right?
I agree with this article. And, from a long term HR professional perspective, that works with employment law attorneys, the advice should include recommendations to get this legal advice from attorneys that specialize in employment law. I have worked with many business owners that use their personal/business attorneys to handle or give advice on employee situations. Often attorneys feel they are qualified to do so. I have watched them give horrible employment law advice to their clients instead of referring them to a specialist attorney. It is critical to not just get legal advice, but get appropriate/experienced legal advice. Thanks.
On one or two occasions I’ve had an employee threaten to see a lawyer or threaten to sue. At that point I end the conversation, tell the employee that all future communications on the topic need to be with the employee’s lawyer, then call my company’s lawyer to relate what happened. One these occasions the employee resigned shortly thereafter.