The best way to win employee claims is to avoid them altogether. In our experience, many of the claims brought by disgruntled employees arise because an employer failed to address a situation. Even after an employee has been aggrieved, there often remains a period of time when an acknowledgment of a problem and genuine effort to remedy it can dramatically reduce the likelihood of a future claim.
Similarly, employers confronting difficult decisions pertaining to employees who have been out on medical leave or injured in the workplace can also significantly reduce the likelihood of a claim by seeking legal counsel in the early stages of a medical leave. If an employer waits to seek legal advice after deciding on a course of action and terminating an employee returning from medical leave, it will often be too late to develop an alternative course or to offer a severance agreement and release as a means to protect against future claims.
Our firm frequently provides employee advice to our clients, including the drafting of employee contracts, severance agreements, releases and policies. If you believe that you have circumstances that would benefit from our advice, we would encourage you to contact us. In addition, for a minimum monthly retainer, we make ourselves available to client questions as they arise, thereby increasing the likelihood that an employer will call when a situation arises and not be concerned about the hourly rate being charged.
