The business attorneys for employers at the Watkins Firm can tell you that successful employer defense begins with the employee handbook and is backed up by consistent application of the policies and procedures and thorough documentation.
Prevent Disputes and Lawsuits with Your Work Force
A San Diego employer can prevent a lot of employee-related disputes and lawsuits through a carefully crafted employee handbook, combined with a strong employment contract. The “lawyers for employers” at the Watkins Firm work with our business clients to tighten all internal employment related documentation including policies and procedures, employment contracts and the employee handbook to reduce exposure to violations of federal, state and local laws and to ensure maximum employee performance.
There has been a significant rise in the number of plaintiff’s lawsuits against employers, often focused on wage and hour issues or PAGA-related violations. It is absolutely possible to put a stop to these exposures before they ever have an opportunity to get started.
Employer Defense Begins with the Employee Handbook
A sound strategy for employer defense begins with the employee handbook. There are some things you should consider about your existing employee handbook, including (but not limited to):
- Make sure that your employee handbook encourages employees to bring all questions, concerns and complaints to the attention of their direct supervisors, and when appropriate your HR department or company leadership. The best way to prevent a lawsuit is to resolve matters when they arise, before they have the opportunity to blow out of proportion. Our attorneys can often help to negotiate resolution to serious disputes before a lawsuit arises, while protecting our employer clients form additional complications and exposure
- If you are going to list specific performance metrics or offenses that will result in disciplinary action or discharge, make sure that your documentation clearly explains that those listed are provided for illustrative purposes, and not an exhaustive list of all offenses or corrective actions available to you as an employer.
- Make sure that your handbook clearly states that it is not a contract, and that the company reserves the right to change or update it at any time. When the employee handbook is altered or updated, your employees should be provided a new copy of the handbook and provide written acknowledgement that they have received and reviewed all information contained within the handbook.
- The employee handbook should be written in plain and simple language, and in a tone that is respectful to employees. Be careful not to place too much information into your handbook, or too detailed of a description regarding situational policies. A recent lawsuit against a major bank was successful due to specific language contained within the employee handbook regarding the use of sick time for maternity leave and “ladies with children going to school” as evidence of discrimination against women. Less is more.
It is important not to go too far with this important document. Many clients have wanted to address things such as corporate culture, however this simply opens the door to more legal exposure. Ask your Watkins Firm employer defense attorney about our standard employee handbook package.
Employer defense begins with the employee handbook and strong policies and procedures. Your employee handbook can prevent disputes and lawsuits before they ever happen. The attorneys at the Watkins Firm can review your existing employee handbook to ensure it is in compliance with all new federal, state and local employment laws. We also work to ensure that your employment contracts and policies and procedures work effectively and hand-in-hand with the employee handbook to reduce your exposure to employee-related litigation.
We invite you to review our recent podcast updates for employers, episodes 41 and 42 – Employment Law Updates for 2024 (Parts 1 and 2) and the helpful infographic and outline as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
