Employers are subject to volumes of rules, regulations and laws, which at times seem impossible to follow. To make matters worse, these rules are usually interpreted against the employer. As an employer you can do everything right when it comes to your employees, but the truth is there is no way to completely avoid lawsuits from former employees.
Whether you have 1 employee or 1000, the attorneys at Epiphany Law can help protect your business from employee lawsuits. As a firm with a focus on business law, we have a unique perspective when it comes to handling employment litigation. We are committed to our client’s overall business success, which means we analyze when it makes sense to quickly settle a case. However, we also stand ready to fully litigate a case when appropriate.
Whether you are looking for advice on how to avoid litigation or are already involved in litigation, the attorneys at Epiphany Law are here to help solve your problems so you can get back to focusing on your business.
Questions & Answers
Q: I treat my employees fairly so I don’t need to worry, right?
A: The answer to that question should be yes but, unfortunately, that is not always the case. Employment laws have developed to give employees many rights and remedies. While these laws are important in protecting the employees who are actually treated unfairly, the reality is that disgruntled former employees often find ways to use them inappropriately. Even when you do everything right as an employer you could face suits for things like discrimination, wrongful termination and many others.
Q: What happens if an employee makes a claim against me?
A: The first thing we will do is conduct a thorough case analysis. The exact process for the analysis will depend on the situation, but may involve interviews with witnesses, meetings with key management personnel and review of documents. Then we will meet with you to provide an opinion on how to handle the case. We recognize that it sometimes makes better sense to settle a case. Other times it is critical to send a clear message and fully litigate a case. When that happens we will work with you to develop a comprehensive strategy to fight your case.
Q: It sounds like employee’s have all the rights; what about my rights as an employer?
A: It’s true that employees will generally have more rights than you as an employer. However, that does not mean you have no rights and you should take steps to enforce your rights when appropriate. For example, if you have a non-compete agreement with a former employee you may be able to enforce it. Non-compete agreements must be carefully drafted to be enforceable, but when they are they can and should be enforced. Similarly, if you have entered in contracts with employees and have lived up to your end of the bargain you should require the same of the employee. Sure, it can seem that the deck is stacked against you, but our attorneys can help level the playing field.