Employer Defense Information Sheet

Employment defense attorneys address legal issues and resolve lawsuits related to employees and employment law matters. Legal disputes can involve current employees, former employees, and potential employees in a wide range of labor-related issues, including discrimination, sexual harassment, termination, and retaliation. Our attorney is an aggressive advocate for the rights of employers, handling all details of the matter to protect the client’s interests while achieving the best outcome possible..

The Employer Defense Attorney Role in Resolving Disputes

An employment defense lawyer handles employee-related legal matters for management teams, businesses, company representatives and owners. Employers must follow numerous laws and regulations mandated by the state and federal government. There are also local regulations that businesses are expected to follow regarding employees and the workplace. The attorney protects the interests of the business against lawsuits and provides preventative advice and counseling.

Employment laws are continuously evolving in California. The employer defense attorney must stay informed of new legislation to help the employer navigate complex new restrictions. In some industries, there may appear to be a complex overlapping of legal restrictions. The employer rights lawyer works with employers to help them comply with legal obligations which change depending on the company’s size or industry. Hiring an employer defense attorney can make a difference in the business’s bottom line by safeguarding company assets. It can also help business owners with a feeling of relief by knowing their operations are within legal boundaries.

The skilled employer defense lawyer minimizes damages and mitigates the risk of liability. The attorney also works to protect a company’s public image which may prevent the employer from receiving an undesirable reputation. The attorney provides guidance to assist business clients with navigating the complex challenges regarding employment law matters.

Employment-Related Disputes Arise at Any Time

Although California is an “at-will” employment state, employers can be held liable when employment laws are broken. However, when the employee pursues a lawsuit against an employer, the employer is not automatically held liable. Disgruntled managers or employees have been known to file fraudulent claims. Retaining an experienced employer defense attorney is necessary to craft a solid defense that can position the business for a successful resolution.

Employment law disputes arise for different reasons and can happen at any part of the employer-employee relationship, including:

• Recruitment Efforts
• Hiring Opportunities
• Training Programs
• Promotions
• Schedule Conflicts
• Discipline Hearings
• Termination Proceedings

When an individual is involved in any issue, it should be recorded in company files maintained for many years after that person has left the company. By law, an employee has a specific window of time in which to file a lawsuit after the alleged discrimination, harassment, retaliation, or other legal matter. Depending on the claim, that statute of limitations can differ.

Employment Liability Protection for Employers and Business Owners

In lawsuits against employers, the potential exists for the business and other involved individuals to incur significant financial damages. Addressing the employment dispute effectively can protect a company’s interests while also safeguarding the personal or professional liability of the management and owners. If not handled by an experienced employer defense attorney, the issue may deepen or grow to include other employees. The attorney may be able to resolve the issue before it gets to the potentially costly, lengthy litigation stage.

Our law firm can also offer insight into the selection of business entity and which offers liability protection. This can be achieved either at the time the business is initially established, or through reorganization if it is an existing business. This action separates an owner’s personal assets from the assets of the business. Each type of business entity may contain certain appropriate measures. For example, the appointment of Directors or an Executive Board may help mitigate employee lawsuits with sound business practices and the promotion of a positive workplace culture. Another way to protect the business from damages in a lawsuit may be the act of keeping accurate, detailed documents. A factual trail of documents is a critical resource and can form the foundation of a solid legal defense.

What to do when Employment Law Litigation is Necessary

At times, lawsuits against employers are resolved cost-effectively prior to the case reaching the litigation stage in court. If settlement negotiations are not an option, the issue should be handled by a skilled employer defense lawyer who may be able to mitigate damages. The attorney works carefully with the business owner to minimize the impact of the lawsuit and advocate for the company’s best interests in all stages of litigation. This process may involve the examination of company policies, handbooks, events, and other actions that may have affected the alleged actions detailed in the complaint.

Defending companies against employee-related lawsuits, Attorney Robert M. Baskin leverages deep experience and knowledge of employment laws and business operations. He successfully defends individual clients, small businesses, and large companies in labor-related disputes. Contact our law firm at (805) 658-1000 to arrange a consultation to discuss any employer defense matter.