Business owners who know the intricacies of employment law stand a better chance of avoiding lawsuits against their businesses. Employers need to be aware that federal law does not do much to protect employees in many cases. The best protection for an employer is to understand what rights they are giving up when they hire staff and then create an employee handbook setting their own rules. Plus, a worker’s status as either an independent contractor or employee has enormous implications on both sides, so it is vital to know which label applies under the circumstances.
An employer who hires an independent contractor can terminate that relationship without legal consequences. However, for employers with employees, there is no such easy escape clause. The termination of an employment contract exposes the business to possible retaliation lawsuits. If an employee’s complaints about harassment get back to their boss or owner, they can claim constructive termination or even sue for wrongful dismissal. This means businesses need to operate very carefully when terminating an employee just because they don’t like them anymore. Business owners must document poor performance and failures in order to avoid these situations down the road.
Business owners should know that laws have changed over the last decade, turning certain jobs into employee positions under the law. These changes happen annually, and they can alter how an employee is classified and what your responsibilities are as an employer. Businesses need to keep track of these changes in order to remain compliant with federal employment laws for both types of workers.
If you own a business, it is vital to understand your legal liability in this area. Here at Gandhi Selim Law, we have many experts who can give you advice on what changes need to be made in order to avoid potential lawsuits. Please reach out to us if you need help understanding the rights your employees have. We will gladly take the time to explain so your business remains safe.
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