The Anastasi Law Firm offers its business clients reasonable, fair, prompt and cost effective solutions. The Anastasi Law Firm provides proactive legal services designed for asset protection of business owners and their company.
One of California’s greatest business litigation risk exists with the workforce of the business itself. Unfortunately, those who can contribute the most to building a successful business can become those who cause great harm to it as well. Federal, California, and now even local laws governing employees has created a great opportunity for plaintiff lawyers to prey upon small business owners who are easy targets due to the fact that employment law is very complicated, technical and ever changing. An adverse claim for compensation reimbursement, penalties and attorneys fees can put many companies out of business. Avoid the risks of litigation through proactive planning and structuring.
Employment contracts for all (yes “all”) employees is a great way for employers to minimize the risk of adverse employee claims by creating a clear understanding of the terms and conditions of the working relationship. Simple contracts should be avoided. Employee handbooks may be useful, but they cannot replace the significance of a written contract.
Employers can save time, money, and unnecessary disruption to their business through effective, proactive efforts. Employee Handbooks provide a great management guideline for handling a wide variety of common and uncommon situations.
Wage and Hour Issues
As an employer, the business is subjected to numerous tough Federal, State and local laws. Employees must be paid properly and fully. Importantly, employer documentation of payment is vital to defending potential claims. The most popular employee claims include: overtime shortage, failure to provide uninterrupted meal periods, refusal to provide rest breaks, paid time off (PTO), vacation and sick leave pay, improper classification, incorrect or late final check, improper payroll deductions, and underpayment of bonus or commission.
California has serious and specific employer obligations to prevent and prohibit sexual harassment in the workplace. These include training, investigation and corrective action. It is of the utmost importance that employers have well designed, understood and implemented company policies to manage unlawful behavior.
Federal and California anti-discrimination laws make it clear that an employee cannot be treated differently due to sex, age, race, color, national origin, gender, gender identity & expression, religion, veteran status, disability, creed, marital status, orientation, pregnancy, citizenship or other specialized protected class issues. The importance of proper and well adhered to policies is of great importance to every employer.
Discipline & Termination
A well run business organization needs control. Whether guidelines are loose or firm, a clear and consistent system to manage unacceptable deviation is vital to the short and long term success of the company. The key is to exercise control in a manner that is lawful and productive.
Arbitration & Mediation
Arbitration and mediation clauses in employment agreements have gained popularity over the past twenty years and are highly recommended in many situations, however the Courts continue to refine and limit permissive contractual terms.
Personal Attention • Prompt Service • Affordable Fees • Experienced
Contact us today to set up a Free Consultation (20 minutes) either in our office or over the phone. In the San Jose metro area, call us at 408.292.2606. In the Santa Cruz area, call us at 831.475.0771.