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When Do I Need an Employer Lawyer?

January 22, 2025 / Employment Law

You may have heard of an employment attorney or a labor and employment attorney, but do you truly understand what that means? It is common not to learn about a certain legal practice area until you need help. However, a savvy employer will engage an employer lawyer, also called an employment attorney, from the beginning. An employer lawyer can provide valuable insights into how to set up your business for success. Learn more about this profession and, more importantly, how the right legal advisor can protect and guide your business at key moments.

What Is an Employer Lawyer?

An employer lawyer, or employment attorney, can offer advice to employers and employees about laws governing employment matters. This will include both federal and state laws, so it’s best to work with a labor and employment attorney who is near you or minimally in the same state. They are a valuable resource when disputes arise, but they have a critical function multiple times during the life of a business.

When Is It Time to Find an Employment Attorney?

As an employer, a DIY-approach is not going to work well for employment law. There are many nuanced elements to navigate, and it’s wise to find an experienced attorney to be your guide. Here are a few situations when an employer lawyer can offer valuable advice and help you avoid costly mistakes.

#1: Handbooks and Employment Policies

Maybe you have created a handbook or employment policy before, maybe you haven’t. But the last thing you want to do is rely on an old template or suggestions from AI tools to draft critical documents for your business. An employment lawyer can catch troublesome language or fill in gaps you may not have noticed. These documents can safeguard your business and provide a firm foundation to keep that business going. An employment attorney can also offer valuable advice on how to refresh your policies over time to keep up with the most recent laws.

#2: Employee Privacy Rights

In the digital age, privacy rights have become a hot topic. Employers clearly need to do their due diligence when hiring employees and monitoring employee activity. That could include evaluating a potential or current employee’s online presence. However, there’s a right way and a wrong way to gather that information. An employment attorney can work with you to outline an employee privacy policy that protects everyone and provides transparency for both parties.

#3: Contracts

As with handbooks and employment policies, it could be potentially dangerous to draft your own contracts. You want it to be a legally binding document. An employer lawyer can evaluate the language, structure, and legality of a contract. Precision matters when you create a contract. You want to know your contracts benefit you while remaining fair for workers. Attention to detail protects employers and employees alike and can provide clarity if there’s ever a dispute.

#4: Non-Compete Agreements

If you choose to add a non-compete for your employees, you’ll have multiple legal points to consider. You can work with an employment lawyer to draft non-competes that are enforceable, compliant with current laws, and do not create unnecessary hardships for the employee. They can also act as a safety net for any loss of business or revenue caused by a violation of a non-compete agreement. Employment attorneys can be a valuable champion if a complaint is brought by an employee, or an employer suspects a violation of the non-compete.

#5: Wage and Hour Disputes

There’s no doubt you are the boss of your own business. However, when it comes to wage and hour laws, you can’t assume the boss is always right. Employees can quickly become upset when they feel their work is not being rewarded with appropriate compensation. Employers could create unhealthy work environments if they attempt to enforce unfair hours or pay. Employment attorneys understand what is required of you by the law and can let you know how to protect yourself from costly litigation.

#6: Employee Leave

In an ideal world, an employee is able to work their job consistently from the time they are hired until they move on or retire. But everyone is human, and for that reason you have to have a strong employee leave policy in place. Employee leave includes:

  • PTO
  • Vacation
  • Sick time
  • Family and medical leave
  • Bereavement
  • Jury duty
  • Military leave
  • Unpaid leave
  • Parental leave

Each item in that long list needs an explicit policy in place so you’re prepared for as many potential situations as possible. Employment attorneys can work alongside you to craft policies that are fair and legal.

#7: Employee Misclassification

Employee misclassification is a phrase that you may not come across often, but for inexperienced employers, it can spell disaster. Employee misclassification refers to assigning the wrong label to a worker, such as independent contractors vs exempt employees. If you fail to correctly classify employees, you could face penalties, required back pay, tax audits, and lawsuits. Each classification has its own legal requirements, and an employer lawyer can be key in helping you understand the requirements of each one.

#8: Employee Discrimination

Every business has a reputation to protect not only among the public but also among potential employees. You want to be known as a welcoming workplace that respects all employees. An employee discrimination lawsuit can destroy that hard-earned reputation and have lingering effects. Employment attorneys know the legal standards for anti-discrimination best practices and can help you proactively prevent discrimination in the workplace and help disprove any false claims of discrimination before they become costly legal battles.

#9: Wrongful Termination

Employers have a duty to manage their workforce responsibly. You need to recognize achievement and dismiss employees who are not meeting expectations. However, sometimes it is difficult to remain impartial and impersonal. In any case, it is unwise to fire employees without evaluating some key points:

  • Are you engaging in discrimination against an employee based on a protected characteristic, such as religion, pregnancy, sexual orientation, or genetic information?
  • Are you retaliating against an employee who engages in a protected act, such as labor union activities?
  • Are you in breach of contract by firing this employee without proper notice, or are you violating existing policies?
  • Are you violating the Family Medical Leave Act (FMLA), which protects employees who are taking unpaid leave for specific family or medical circumstances?

There’s a lot more nuance to wrongful termination, so if you’re ever in doubt, it would be wise to speak to an employment lawyer who can make recommendations that protect you and your business.

#10: Workplace Safety

Different workplaces have different environments, but workplace safety should be a consideration for every employer. There are specific laws that govern workplace safety, and failure to meet those standards can create expensive situations and major legal penalties. Workplace safety laws change, and your policies, training, and recordkeeping have to remain compliant. Instead of guessing, consult an employer lawyer. They can provide knowledge about the latest laws and advice about strategies for avoiding safety issues and handling any injuries that do occur.

Take Out the Guesswork

You’re a business owner, so you already know that a solid plan leads to the best outcomes. You don’t have to guess when it comes to employment law. You can protect your business, your employees, and yourself when you partner with an employment lawyer at Stephenson Rife. Our attorneys have experience working with employers large and small throughout Indiana. Give us a call at 317-680-2011 to learn more.

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  • When Do I Need an Employer Lawyer?When Do I Need an Employer Lawyer?
    In Employment Law
    You may have heard of an employment attorney or a labor and employment attorney, but do you truly understand what that means? It is common not to learn about a certain legal practice area until you need help. However, a savvy employer will engage an employer lawyer, also called an employment attorney, from the beginning. An employer lawyer can provide valuable insights into how to set up your business for success. Learn more about this […]

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