Making Sure You Have Effective Employment Practices
The moment that your company employs its first worker, whether it is a W-2 employee or a 1099 contractor, you incur a number of legal obligations and responsibilities. These relationships require effective management both from a personal and a legal perspective. A qualified employment attorney can help you with the latter in a number of ways, including but not limited to:
- Drafting employment and independent contractor agreements;
- Creating and updating an employee handbook;
- Investigating and responding to allegations of illegal employment practices;
- Paying employment taxes and worker’s compensation insurance; and
- Ensuring that your business remains in compliance with all federal and California state labor laws.
While California is an “at-will” state when it comes to employment, keep in mind you may wish to retain certain key employees under a written agreement. Such contracts must be carefully worded, not only to set forth the conditions where an employee may be terminated for cause, but also to ensure there are strong and legally enforceable protections for your trade secrets and intellectual property rights. Keep in mind, however, that non-compete agreements are typically unenforceable in California.
Dealing with Unhappy Employees and Job Applicants
Even when you terminate or refuse to hire someone with good reason, your company may still be targeted with a lawsuit alleging illegal discrimination or a similar violation of federal or California state law. A skilled SLG employment attorney can defend you against such allegations. But an attorney’s role is not to encourage litigation for its own sake. Rather, litigation should be seen as a last option when all other avenues for resolving an employment dispute have been exhausted.
At the same time, a good employment lawyer understands that sometimes you need to present a case to a judge, jury, or arbitrator. So they will make sure to fully investigate the underlying allegations against the employer and prepare a strong defense. The reality is that many lawsuits alleging wrongful termination lack merit, and San Jose employers should never hesitate to vigorously defend themselves in such cases.
Contact SLG Today
You might think that your business is too small to justify hiring an employment attorney. But the reality is that anytime you work with other people, there are significant legal and regulatory implications that cannot be ignored. Let a knowledgeable San Jose employment attorney guide you through this process so you can get back to focusing on growing your business.
The team at SLG is here to help. Call our Silicon Valley offices at (408) 441-7500 or contact us online today to set up an initial consultation so we can sit down and discuss your needs as an employer.