John Watson Law Group LLC

Employment Matters

This term is also a broad one and can encompass anything from a union campaign to a discrimination suit under Title VII of the Civil Rights Act.

This area is fraught with potential pitfalls for the small business.  Larger companies often have a dedicated person or department for Human Resources matters, and with good reason.

Perhaps the most common types of employment litigation are discrimination claims under the federal Title VII of the Civil Rights Law, the Age Discrimination in Employment Act, or state law, and suits alleging sexual harassment.  All can be quite expensive to litigate and even more expensive to settle or pay a judgment for such activities.  This is an area where preventive practices are highly recommended.  Someone well versed in such matters should assist the company in establishing written policies against discrimination and sexual harassment.  Training classes are a good idea.  This is one area where preventive law is very valuable.  Preventive training provides at least some basis for defending such cases by pointing out that the company had made a good faith effort to prevent such behavior.

Good paper trails of disciplinary matters should be maintained.  When an employee is disciplined, write it up and get the employee to sign it, while administering whatever corrective action is appropriate.  Maintain a file on each employee.

For smaller companies, there are outside companies that will come in, set up and train personnel on such matters. 

 Unfortunately, this is just one area where excessive government regulations increase the cost of doing business.

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