Employment Law
Why does your business need an experienced employment attorney? Because employment claims and lawsuits happen.
Worker Misclassification:
Do you have an AB-5 issue? Do you have an issue with independent contractors claiming to be employees? We can help. We have extensive experience in defending and avoiding claims of alleged employee misclassification. Call today to ask about what documents your company should maintain for its employees and other steps you can take to protect your business’ bottom line.
Sexual Harassment:
It’s not always what you think. Dirty jokes? Lewd or sexual comments? Sexual advances? Sexual activity?
Not all inappropriate or suggestive comments constitute actionable sexual harassment. If an employee answers “Yes” to any of the following questions, it’s time to call your attorney.
- Do the comments or actions create a hostile environment?
- Do they create an environment that prevents an employee from doing his or her job?
- Is promotion or continued employment contingent on the acceptance of sexual advances?
Did complaints about the comments or actions result in punishment, such as wrongful termination, demotion, or pay reduction?
Discrimination:
Employment laws exist to establish and protect the rights of employees and to give all employees the right to equal treatment in the workplace.
Employers and their businesses are prohibited by law from practicing or allowing discriminating treatment against employees based on:
- Gender
- Age
- Race
- Ethnicity
- Religion
- Disability
- Pregnancy
- Sexual orientation
Discrimination can take many forms:
- Wrongful termination or demotion
- Failure to promote
- Negative performance reviews
- Failure to give wage increases
- Unequal wage increases
- Discriminatory hiring practices
Unintentional discrimination is still discrimination. Before trouble strikes, call to arrange for employee and supervisor training regarding sexual harassment and discrimination. Excellent documentation produces good results.
Building the foundation for a positive work environment, employee handbooks and job descriptions are essential to establishing and sustaining positive working relationships between employers and their employees, as well as between employees themselves.
When do you need an Employee Handbook?
Employee handbooks explain (and document) the requirements of employment as well as the rights of the employee to a secure work environment, and to fair and equal treatment in the workplace. At the very least, the policies outlined should include:
- Conduct in the workplace
- Discrimination
- Termination
- Performance reviews
- Reporting of breaks and hours worked
- Harassment & discrimination
- Promotions and wage increases
- Benefits
The Law Offices of Douglas M. Wade are experienced in drafting employee handbooks that protect the employer as well as the employee. How can you know if your employee handbook will protect your business from wrongful lawsuits or whether it establishes expectations for fair and equal treatment as defined by law?
Call us today at (714) 453-9144.
We offer a free consultation and review of your existing employee handbook to prospective clients.
Worried that you may have misclassified an independent contractor?