The experienced employer defense attorneys at the Watkins Firm have provided sound counsel and advice to local business owners and entrepreneurs for decades. The need for representing San Diego employers in disputes with workers has sharply increased over the past few years, and there are several strategies we provide to our clients to reduce their exposure and minimize the impact of an employment-related dispute. What steps can a San Diego employer take to reduce their exposure disputes with an employee, or worse, a PAGA class action? What policies and procedures, changes to the employee handbook and consistent actions by employers can diminish the number of employee-related disputes that arise?
One of the common challenges our employer clients face is abuse of the Family and Medical Leave Act or FMLA. Initially, this program was established with the goal of protecting workers, and to ensure that they are able to care for seriously ill family members and bond with new additions to the family. Unfortunately, like any other law or program, FMLA has been a source of abuse by a small percentage of the local work force. These abuses can lead to significant financial exposure for some local employers. The Watkins Firm has more than 40 years of experience representing San Diego employers in FMLA disputes, wage and hour actions including unpaid overtime litigation, PAGA lawsuits and other actions and litigation involving those who work for them. We work to strengthen all aspects of wage and hour and employment-related documentation to ensure that all aspects of employment law are within compliance, while providing protections against future lawsuits or disputes from employees.
Representing San Diego employers in disputes with workers begins with a phone call – a free conversation and consultation that helps you to immediately know if you should be concerned (or not!), and if so, what action you can immediately begin to take. Management and corporate officers must have a thorough understanding of the law and how it is applied within their own company. All federal and California employment laws must be fairly administered, and can place a burden on the “business need” of local employers. This is simply one of the challenges business owners face. However, well crafted employment contracts, employee handbooks as well as company policies and procedures can prevent abuse of the “system”, as in cases of disciplinary action, termination, or even denied leave or holiday scheduling.
When a dispute with an employee (or group of employees) arises, your attorneys at the Watkins Firm help to resolve the dispute quickly and cost-effectively. We help to prevent disputes from becoming time-consuming and expensive lawsuits requiring litigation and additional exposure. Our extensive experience advising, representing and defending California employers helps to influence the outcome of internal disputes, and prevent plaintiff’s attorneys from attempting to widen the dispute and increase your exposure.
Pro-Tip: “When you do defense work, you want to get rid of cases as soon as possible. Nobody in business makes money just staying in litigation.
The most important piece of advice I would give an employer is the second that you become aware of any potential employee related dispute, pick up the phone and call the Watkins Firm because we can tell you if you have a genuine challenge, or if that mole isn’t cancer. Call us, and you describe what’s going on with a certain troubled employee. And we can tell you like skin cancer, oh, that fact scenario doesn’t really fit something that I would go ahead and fight with them or we can say, oh, this one looks bad because of the things they’re complaining about or just the general facts. I would handle it this way.
And so you can turn a $20,000 $30,000 lawsuit situation into empowerment where you can stand your ground or maybe you make some concessions because you got some advice from your lawyer. You need to know when to worry about it and when you don’t.” – Dan Watkins, Founding Partner
We invite you to review our podcast Episode 39 – What Keeps Employers Up at Night as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
We will discuss strategies to manage any unique situation, your broad duties and responsibilities as a California employer, as well as all of the recent changes in California employment law from an employer’s perspective. San Diego employers carry a lot of responsibility, and compliance failure leads to significant financial outlay. Learn how our employer defense strategies reduce your exposure, and create an atmosphere that contributes to effective employment relationships.