Because the California Labor Code is so extensive, cumbersome, and sometimes overreaching, California employers often find themselves in uncomfortable situations involving litigation, employees threatening litigation, or simply terrified of negative actions by employees themselves or through the regulatory agencies of the State of California. The attorneys at Anderson Hayes are familiar with the challenges faced by California employers, as we have first hand knowledge of what successful employee lawsuits and regulatory action involve and can assist you to avoid each of these pitfalls.
To combat the risks of employee lawsuits, Anderson Hayes can help employers understand the laws that apply. Many employers believe that all businesses are subject to the same laws. This is not true. While there are many laws that will apply to all businesses, regardless of size, there are also many laws from which small and medium size businesses are exempt. Understanding which laws apply to your business can help your business save money and avoid lawsuits.
Just as important as understanding which laws apply to your business is understanding how best to engage in employee relations. It is no secret that California is a highly litigious state, and knowing how best to interact with your employees, document employee actions, and plan for staffing needs can help your business avoid lawsuits. The attorneys at Anderson Hayes understand that it does not require a successful lawsuit from an employee to be a costly lawsuit to your business. The California Labor Code and related employee relations statutes oftentimes have a one way attorney’s fees clause that will only apply where the employee is determined to be the prevailing party. In cases where the employee is not the prevailing party, ordinarily the employer is not able to recover its attorney’s fees from the employee for filing a frivolous lawsuit. By design, this legal framework incentivizes employees to file suit to assert violations without fear of loss. Such a framework makes it paramount that you and your business know the pitfalls of employee relations so that your business can avoid the expense associated with defending frivolous lawsuits.
In addition to defending your business should litigation ever arise, attorneys at Anderson Hayes can draft an employee handbook to fit your business, can assist your business in putting in place procedures that will avoid employee disputes, draft arbitration and class action waivers that will discourage adverse actions against your business, create subsidiaries to operate high risk enterprises, and provide guidance on how to properly document problems with employees that will assist in preventing wrongful termination suits. If you are a business owner, call the attorneys at Anderson Hayes to receive a limited free consultation regarding how we can assist in protecting your business.