Employment Law for Employers

Employment Law for Employers

In today’s California, many employers feel that the laws are stacked in favor of their employees when it comes to workplace disputes. It is easy for an employee to accuse a manager, supervisor or co-worker of inappropriate behavior. This can range from a small innocent insult about someone’s appearance up to major violations such as sexual harassment, discrimination on account of someone’s race, religion or national origin, or improper discipline or termination.

California employers need to have written policies and procedures in place that inform all employees, regardless of their positions, about what is and is not acceptable in the workplace. The best method is to have a comprehensive Employee Handbook. There must also be a thoughtful and careful process in place to promptly and properly investigate whenever you or your management become award of a complaint or personnel problem. Failure to have written policies regarding such issues and a procedure to investigate complaints and take appropriate corrective action can expose you to extremely costly claims and liability.

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You must also stay fully informed about both California and Federal Wage and Hour laws and the frequent changes that continue to happen.

Workers’ Compensation Insurance premium disputes also can be a major difficulty. Your workers’ compensation insurance carrier has the right to audit your payroll each year to determine if you have paid the proper premiums. Disputes often arise when your insurance carrier claims that you misclassified employees. Such problems can result in drastic increases in the premium your insurance carrier claims you owe for the policy year. You need skilled and experienced legal analysis and advice to dispute the insurance carrier’s claim that you owe more than you have already paid.

Frequently Asked Questions

For most employers, a good Employee Handbook is essential. There are many options available, however, you must be very careful that your Employee Handbook includes all of the information and topics that California law requires you provide to your employees. Skilled and experienced legal counsel such as our office, can make the process far easier and less costly.

It is your obligation to protect employees from such conduct. You are required to do a prompt and careful investigation. It may not be the best practice to have the investigation done “in-house.” Many employers wisely retain legal counsel to conduct an impartial investigation, interview the complaining employee and witnesses and advise the employer of the available options to resolve the issues while avoiding potentially costly lawsuits.

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Richard Laden, Los Angeles Attorney