Although you might handle employment matters on your own, some issues that arise can be tricky and might require legal expertise. Lawsuits brought by former employees can result in huge financial losses for your business. This is why it is important to know when you should seek legal advice for employment issues that can impact your business. In this blog, we explain situations where an employer should hire an employment law attorney.
Firing an Employee
If you want to fire an employee for misconduct, performance problems, or other bad behavior, but you are worried that they might sue you, you should speak with a lawyer to get legal advice. A lawyer can explain if your actions are legal and can help minimize the risk of a lawsuit. You should talk to a lawyer about firing an employee in the following situations:
- The employee has a written or oral employment contract that limits when they can be fired
- The employee believes they have an implied employment contract that limits your ability to fire them
- Firing the employee would significantly change the demographics of your business
- The employee is pregnant, has a disability, or practices a particular religion that is protected by law
- You are worried about the employee committing violence, vandalism, or sabotage.
- The employee knows high-level trade secrets or competitive information.
Before you classify certain positions as exempt or nonexempt, or label a group of workers as independent contractors rather than employees, you should get legal guidance from an attorney. Misclassifying your workforce can increase your liability and result in financial losses if you don’t adequately pay your employees.
Do you have more questions about when to get help with employment law? Contact our Houston team of employment lawyers to learn how we can help you today.