When do I need an employment lawyer for my small business?

Many small business owners face the dilemma of having to decide if and when they need an employment lawyer. Due to a lack of experience and sometimes a lack of available cash small business owners will often pass up contacting an employment lawyer. This can be a costly mistake. Sometimes it just makes sense to hire an attorney to handle employment disputes. Even the most conscientious employer will occasionally need help from an employment lawyer. Although you may feel that can handle many employment matters on your own, some issues are particularly tricky and will require some legal expertise.

It is important to keep in mind that employment law can change rapidly. Courts and government agencies are issuing new opinions and interpreting these laws every day, sometimes completely overturning what everyone thought the law meant. When you also factor in that lawsuits brought by former employees can end in huge damage awards against the employer, it's easy to see why you should seek legal advice before you get in over your head.

Small business owners should also understand that you do not need to talk to an employment lawyer every time you evaluate, discipline, or even fire a worker. It's important to keep in mind that lawyers don't come cheap and if you run to a lawyer every time you have to make an employment-related decision, you will quickly go broke.

The trick is to figure out which situations will require some expert help and which you can handle on your own. Here are a few common employment related tasks and issues that you should consider bringing to a lawyer.

• Firing. If you are worried that an employee might sue, you should consider getting legal advice before firing an employee for misconduct, performance problems, or other bad behavior. A lawyer can tell you not only whether terminating the worker will be legal, and what steps you can take to minimize the risk of a lawsuit.


• Other employment related decisions. You may also wish to have an employment lawyer review any employment decision you are making that will affect a large number of employees. For example, if you are planning to lay off some workers, change your pension plan, or discontinue an employee benefit, it would be prudent to run your plans by a lawyer before you take action. The lawyer can explain to you about any potential legal pitfalls you might be facing and give you advice on avoiding them.


• Lawsuits. If a current or former employee sues you, you should speak to a lawyer right away. Employment lawsuits can be very complex and time consuming. You will have to take certain action immediately to make sure that your rights are protected and to preserve evidence that might be used in court. Keep in mind that the time limits for taking action are very short as many courts require you to file a formal, legal response to a lawsuit within just a few weeks. As soon as you receive notice of a lawsuit against you, begin looking for a lawyer.


• Policies and handbooks. You can also ask your employment lawyer to give your employee handbook or personnel policies a thorough legal review. An employment lawyer can make sure that your policies do not violate laws regarding overtime pay, family leave, final paychecks, or occupational safety and health, or any other issue affecting your employees. A lawyer can also check for language that might create unintended obligations towards your employees. In addition an employment lawyer might advise you to consider additional policies that will affect your hiring, training and firing of employees.

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