An effective employment contract and associated documents are crucial to business success. Employment related litigation, especially wage and hour disputes have more than doubled over the past few years resulting in hundreds of millions of dollars in liabilities for US and San Diego employers. What steps can you take to reduce the risk of an employee related or PAGA lawsuit while also addressing issues such as discipline? The business contract attorneys at the Watkins Firm carefully craft employment agreements, offer letter templates, employee handbooks, policies and procedures manuals and other employment related documents to establish the parameters of a smooth and productive working relationship while protecting you as a San Diego employer.
Custom, Well-Crafted Employment Contracts Prevent Wage and Hour Litigation
The Watkins Firm has protected and defended San Diego and California employers for more than 40 years. We craft employer agreements that protect the rights of the employer, while establishing a legal and enforceable disciplinary process. This unique approach to employment contracts and associated documents lays the groundwork to prevent employees from manipulating the process and disrupting the “business needs” of their employer.
Employment contracts work hand-in-hand with the employee manual, company policies and procedures and the associated practices that are consistently applied by the management team. Our attorneys don’t create employment agreements from scratch. We take a similar, proven employment contract from our proprietary library of established, tested business contracts and modify it to meet your unique criteria. This saves you money while ensuring you have one of the best employment agreements for a California employer available.
One example is unpaid overtime. There have been a rash of lawsuits lately where former employees file a lawsuit alleging the requirement to complete unpaid work on nights and weekends. They produce documentation including emails and phone records to demonstrate the work they were “required” to do off the clock. An effective employment contract should clearly establish policies which prohibit unpaid overtime work, and establish the requirement to obtain advance written authorization from a direct supervisor prior to working any overtime hours. Limiting employee access to business systems such as e-mail and company applications is an excellent precaution. Written policies backed by consistent monitoring and management follow through can protect you from employment related disputes and lawsuits.
These documents often become central evidence when defending wrongful termination, wage and hour, or retaliation claims.
Pro-Tip: “Talk to us the moment you think something may be wrong. Call for a free consultation at 858-535-1511. We can tell you quickly if there is an issue requiring your attention or not. If so, there are almost always actions you can immediately take that will substantially reduce your risk and liability, if not mitigate and remediate the issue altogether.
They’re afraid to call because they think we’re going to charge them some outrageous fee. But sometimes we have them come in and say, no, no, no, don’t pay us all this money. Pay the extra $3,000 in wages. Send out amended pay stubs before you even have to answer the complaint. And guess what? All of the causes of action that have attorney’s fees in them are gone. Nobody wants to sue them anymore because of that. So yeah, quick action allows us to do the right things that just destroy a plaintiff’s case in the beginning, and protect our clients from the huge bounties these plaintiffs’ attorneys are after.” – Dan Watkins, Founding Partner
Another example is the frustration many San Diego employers experience with covenants not to compete. The San Diego business attorneys at the Watkins Firm will help you to develop and implement a “trade secret” policy. Protections for any employer based in trade secret law protects all internal information such as customer and contact information, details about suppliers and costs, unique processes and industry knowledge and other information that can be established as trade secrets. The misappropriation of trade secrets (such as customer information and pricing) is much more enforceable in a San Diego Court than any strategy (non-compete agreements are illegal in the State of California).
Learn more about how an effective employment contract is crucial to business success. 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.
Meet Daniel Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through. Dan enjoys digging into the facts and finding creative solutions to problems. He contributes his insights candidly and constructively.
Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.
Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.
He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.
THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR
Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.
