It’s impossible to please everyone all the time and that holds true for the workplace. A melting pot of characters is expected to get along and tow the company line. Problems are inevitable; sometimes employees feel that suing their employers is their only redress. Employers are advised to have business law attorneys in California on hand to settle employment-related disputes.
Defend Your Business: How a Civil Defense Lawyer Can Protect Your Interests in Employment Litigation
Business and employment law have many overlapping areas, especially in civil lawsuits and disputes. It’s far too complicated for laymen, which is why you need a civil defense lawyer to manage the legal process.
A lawyer who specializes in employment law, including employment litigation can defend your business in a number of ways.
For instance, civil litigators on your side are determined to keep the matter out of court. Alternative dispute resolution methods are used first. In fact, most cases are settled through ADR.
Your business lawyer will put together an airtight case in your defense devised to keep compensation and damages as low as possible if the case doesn’t go your way.
Why You Need a Civil Defense Lawyer for Employment Lawsuits: Protecting Your Business in California
A civil defense lawyer protects you from all allegations of wrongdoing. For example, in the instance of wrongful termination, your legally binding contract drawn up with your lawyer can prove the employee was aware of a particular clause and can’t claim otherwise.
In the case of a workplace injury that was clearly due to lax adherence to safety rules, your employment litigator can negotiate a reasonable settlement amount without you having to go to a jury trial.
Proactive Measures: How a Civil Defense Lawyer Can Help You Avoid Employment Lawsuits in California
It’s better to be proactive rather than reactive, especially when you’re vulnerable to potential lawsuits. California employment attorneys work with you to reduce the risk of employment disputes by creating comprehensive legally binding documents that cover legal disputes.
However, it takes more than a few documents to prevent employees from filing civil actions against you.
Tips to Avoid Employment Lawsuits
- Knowledge of employment-related law – You should know the federal and state regulations governing aspects of business and employment law, including HR and workplace safety.
- Buy insurance – If you employ at least one person you ought to have business insurance policies, including third-party liability insurance and workers’ compensation.
- Written codes of conduct – They must be given to all employees, including managers, directors, and business owners. They must include consequences for conduct violations.
- Training – The types of training you must provide include sexual harassment, discrimination, and maintaining a safe workplace.
- Complaint submission – Employees must have a chance to report complaints, which must be taken seriously and resolved quickly.
- Dispute resolution – There must be a document that details the dispute resolution process, from negotiations to civil trials.
- Rigorous documentation – Document everything employment-related, including training, work performance, and leave applications. If it’s properly documented, it’s difficult to dispute.
Types of Employment Lawsuits
It’s important to know about the different types of employment litigation, so you and your business attorney can proactively take steps to avoid civil complaints in the first place.
Discrimination on the Basis of Race, Color, National Origin, and Religion
There are federal laws to guard against all forms of employment discrimination and provide appropriate restitution. For example, Title VII of the U.S. Civil Rights Act prohibits race, sexual orientation, national origin, and religious discrimination.
There are also state anti-discrimination laws, which could provide greater redress than federal statutes. If you want the most favorable result, it might pay to file a claim in a state rather than a federal court.
Discrimination Based on Age, Disability, or Gender
Title VII of the U.S. Civil Rights Act also prohibits discrimination against gender identity, while the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities. The Act includes failure to make the workplace more accommodating to their needs; for example, not providing ramps for wheelchair access.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees that are over 40 years old. This includes older employees overlooked in the workplace and job application candidates deemed unfit for employment based on their age.
Wrongful Termination and Retaliation
Wrongful termination can be divided into two categories: discrimination and whistleblower retaliation.
Whistleblower laws are designed to protect those who believe their employer is acting in violation of civil and criminal law and report the activity to the relevant authorities. They are vulnerable to retaliation which could include being denied access to the Internet at work and is limited to the company’s intranet only.
An example of wrongful termination based on discrimination is dismissing the female members of a team whose project failed but none of the male members.
Sexual Harassment Claims
Sexual harassment occurs when an employee receives unwanted sexual advances (having their buttocks patted) or refuses to perform a sexual act to gain a promotion or to avoid punitive action (furlough).
Those who have lodged complaints of sexual harassment against other employees or employers may be subjected to a hostile work environment. For example, a female claimant might be tailed by male employees everywhere she goes in the office, making her feel threatened and unable to continue work.
Defend Your Business Against Employment Lawsuits
Businesses clearly need Californian employment attorneys to defend them against lawsuits filed by disgruntled employees. The scope for legal action is wide and you need an experienced business law attorney specializing in negotiation and litigation.
Our business and employment lawyers are skilled in defense techniques used to settle employment lawsuits. or complete the form on our website
To arrange a 30-minute free consultation, call us today at 866-320-4854 at LibertyBell Law Group today!
