Legal Advice for Employers Mistake
From Adviceopedia
Employment law can be complicated and there are several situations where one might need to seek legal advice for employers mistake. Some examples are set out here.
Contents |
Tips and Legal Advice for Employers Mistake
Guidelines for Use of E-mail at Work
In a situation where an employee is complaining of being harassed and subjected to a poisoned work environment, the inappropriate comments may be made in either verbal or electronic form. If no formal policy is in force respecting the use of company e-mail, voice mail, and Internet, the employer and human resource department is setting themselves up for trouble. Set a policy for these electronic devices and make sure that all employees are aware of it.
Employee Termination
Under United States labor laws, workers are employed "at will." This means that employment is considered to be indefinite - there is no written understanding that the employee's work is only for a certain length of time.
The employment relationship is also considered to be voluntary. This means that the employee can quit his or her job at any time without consequences. The employer is also free to terminate the employee at any time for almost any reason.
Employees who are covered by the Model Employee Termination Act, cannot be terminated from their employment unless the employer can show "just cause" for the termination. A terminated employee may wish to seek legal advice on an employer's mistake regarding the reason for the termination.
Policies for Equal Employment Opportunities
An employer may think that simply because he has adopted an equal employment opportunity policy that he will not be liable for claims of discrimination or harassment. Putting a policy in place is not enough; the employer must ensure that the policy is adhered to.
Performance Reviews
If an employee's performance is not satisfactory, then he can be terminated. However, the employer is still required to fully document the employee's poor performance issues well in advance of the termination. Good records need to be kept whenever an issue arises.
The employee should be advised that his or her performance is not satisfactory and given an opportunity to improve. Specific goals or criteria should be set to measure this improvement in performance and the employee given a reasonable amount of time to make changes.
Poor Record-Keeping
When it comes to employees, it is important to keep detailed records of all meetings regarding performance, discipline, or any other issue. If an employment-related matter ends up in court, the employer's allegations are not as important as what the employer is able to prove.
After each meeting with the employee, take detailed notes and add them to his file. Include the date and time of the meeting, who was present, and what issues were discussed. If an agreement was made to adopt a certain course of action or to revisit the issue at a later time, include that in the memo.
Accounting Errors
If an employer makes a mistake with respect to deductions for health insurance or any other benefit, the employee is still responsible for remitting the correct amount. Some employers may be willing to absorb the cost of the item, but they are under no obligation to do so.
There are a number of situations where legal advice for employers mistake may be needed. If an employer can get good legal advice from the outset, this may head off some difficulties further down the road. Once a company is large enough to employ several people, then it makes sense to retain legal counsel to head off some of these difficulties.
