Most professionals are now expected to sign detailed Employment Agreements that often contain non-competition and complex payment agreements. We assist executives and professionals with review and negotiation of employment and non-competition agreements. A modest investment “up front” can save you a great deal of money later and protect your ability to work in your chosen market and profession. The Welch Law Firm regularly represents Doctors and Executive employees with complex employment agreements as well as assists with non-compete matters if a Professional Employee is seeking to leave an employer and work for a new employer.
With changes in sexual harassment laws, privacy laws, wage and hour laws, leave policy requirements, and the use of arbitration, a good application and handbook are necessities. We will audit, revise and rewrite your applications, policies and handbooks to make sure they are in compliance and not setting you up for future trouble.
It is mandatory for employers with over 50 employees to comply with the Family and Medical Leave Act of 1993. You must have a written policy and a thorough understanding of how the leave works. Smaller employers need to abide by their own internal leave policy and be cautious with employees who could later claim disability discrimination. We can train you to deal with these complicated issues.
EEO government reports are strongly recommended for employers with more than 100 employees. If you have federal contracts, or are a supplier for a federal contract, you may need an affirmative action plan for your business.
Your supervisors need to know how to handle complaints of harassment and how to respond to inappropriate behavior in the workplace.
Are you following the Department of Labor’s safety rules specific to high school employees? Virtually every employer is violating the Fair Labor Standards Act. Regulation changes now mean that more employees can be considered supervisors and thus do not need to be paid overtime. However, many employers assume that an administrative employee paid a salary does not need to be paid overtime. Is that correct? If you are incorrect, the Department of Labor could try to reclaim back wages for three years plus double damages as a penalty. Multiply this for many employees and your liability could be in the tens of thousands. We’ll help you avoid this costly situation.
You may believe that you can avoid worrying about employment issues by simply using “independent contractors” and providing them with a form 1099. However, if you treat these individuals like employees in every way, they really are your employees, in the eyes of the law. You could be liable for back taxes, overtime, and unemployment compensation. To avoid devastating monetary damages, your workers must be properly classified.
Let us assist you with employee terminations to make sure you have your “ducks in a row” in the event the employee is disgruntled and decides to either seek unemployment or sue you.
Many employers can handle the initial stages of an unemployment claim on their own. We will help you position the response to the claim so that you have a better chance of prevailing in the event the matter is pushed forward to an administrative hearing. We can also represent you at the hearing.
Let us guide you in negotiating a severance agreement in exchange for a signed release agreement whereby the employee agrees he/she will not sue you after leaving the company.
Trade secrets, work product, customer lists and other confidential information can easily escape your control when key employees leave the company, resulting in unfair competition. These issues can be addressed with a confidentiality and/or a non-compete agreement.
We will help you negotiate union contracts and respond to grievances filed under collective bargaining agreements.
We will help you respond to charges filed by employees with employment law agencies, including the National Labor Relations Board, Equal Employment Opportunity Commission, Michigan Department of Civil Rights and Department of Labor/Wage and Hour.
If you are sued by a former employee, we will provide effective representation for your company.
New regulations, changes in the law and the nuances of existing law complicate the relationship between employer and employee. Through regular print, electronic and personal contact, we keep our clients informed about their legal rights and obligations.