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Does Your Business Need an HR Lawyer? Key Considerations

Does Your Business Need an HR Lawyer Key Considerations
Photo: Unsplash.com

By: Viraj Shah

If your business has a human resources department, then it might need an HR attorney to complement its personnel. HR professionals can come up with many answers with their education, training, and experience, but an HR lawyer can cover many legally tricky or complicated situations.

Create Employee Contracts

One of the primary functions of a human resources department is the creation and implementation of employee contracts. These documents aren’t necessary for all workers, but they have become a common practice for good reasons. Even if human resources personnel write your company’s contracts or use templates, a business lawyer should still review them. These are legal documents, and you need someone qualified to verify the contract provisions are legally enforceable if disputes ever happen down the road.

Develop Workplace Policies

An employment lawyer can help your business with the development of updated and transparent policies that don’t violate the laws your company is subject to. An HR attorney can review policies before implementation to determine possible legal challenges. Ongoing reviews are necessary in light of new laws and court decisions.

Advise on Employee Disputes

Employee disputes are inevitable, but the right human resources lawyer can help you navigate these situations and help you make decisions regarding discrimination, termination, and compensation. Other potential areas of concern include contract breaches, harassment, and issues about wages or hours worked.

Serve As Legal Counsel

Unfortunately, some matters of business law wind up going to court. You might be facing a lawsuit from one of your current or former employees, but there can also be circumstances where you need to file a lawsuit on behalf of yourself and your business. An HR attorney can be a useful asset in guiding you through the difficult situations involved and maximizing your chances of an optimal outcome.

Craft Severance Protocols

When the time comes to discharge one of your employees, it can be worth considering offering that employee a severance package. An HR lawyer can help you make those decisions and craft the protocols involved. Exiting employees might not have potential legal claims against your business, but you can still protect yourself by foreclosing them from instigating legal action against you.

Form the Onboarding Process

Onboarding new employees isn’t a process that involves only legal details, but there are quite a few of them. Insurance matters, residency, and tax documentation are basic starting points. However, many employees will also need to be provided with job descriptions that list their legal obligations at work and then receive documentation and training regarding those responsibilities. Federal, state, and local laws can all involve legal stipulations that you must know and adhere to as a company.

Does Your Business Need an HR Lawyer?

Employment matters often prove to be delicate situations that get complex in many cases. The field of employment law is in a constant state of flux, and your obligations are always shifting as a result. HR lawyers aren’t necessary for everything that your company does internally, but there are so many situations where they prove useful that it’s a good idea to have one you can turn to when you need them.

Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”

 

Published by: Khy Talara

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