Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 2

Policies and training are really important for employers. They help protect the company from legal issues. If the company has clear policies and trains employees, it can defend itself against claims of harassment. Some important policies for law firms include having language in the handbook that says employees can be fired at any time for any reason. Don’t discriminate against anyone at work and report it if you see it. Keep work stuff secret and don’t talk about it outside of work. Follow the rules for using the internet and email at work. They belong to the company and can be monitored. Make sure you understand the policies in your employee handbook by signing an acknowledgement page. Be aware of local laws that might be stricter than federal and state laws. Don’t use the internet to find your workplace policies, and make sure you have a disaster preparedness plan in place for hurricanes and other potential disasters. Make sure to back up important documents and have business interruption insurance in case of emergencies. It’s important to have a plan for communication during a disaster. Let your clients know how to reach key people in your office, and make sure your employees know what to do in case of an emergency. You also need to have a plan for paying your employees if the office is closed. Exempt employees must be paid for the whole week, even if the office is only open for one day. Nonexempt employees should be paid for the hours they work. It’s okay to be generous and pay employees for days the office is closed, but it’s best to make that decision on a case-by-case basis. If an employee doesn’t want to come back to the office, the employer can terminate them or not pay them. If the employee is called to military duty or a disaster response team, they have certain rights under the law. The employer doesn’t have to pay them while they’re away, but they have to give them the same benefits as other employees on leave. The employee also has the right to come back to their job after their service, as long as they give the employer notice. Getting fired can make some people really upset, and they might even sue their former employer. It’s important for employers to have a plan for firing someone and to try to make it as easy as possible. They can offer a severance package and focus on ending things peacefully. It’s also a good idea for employers to have a record of any problems with the employee’s performance so they can show they tried to help them improve before letting them go. At the end of an employment, an employer may offer severance pay to the employee in exchange for the employee agreeing not to sue the company. This is called a release. A release can help protect the company from lawsuits and make it less likely for a lawyer to take the employee’s case. However, there are some situations, like with overtime pay, where a release may not be valid. Even if the release is not enforceable, it can still help the company by getting the employee to admit important facts. Releases also have to be specific to the type of claims involved, like age discrimination. Overall, a release can be a good way for a company to protect itself, but it has to be done carefully to be effective. Separation agreements and releases can be tricky. Some lawyers may try to include clauses that require employees to repay money if they break the agreement, but this could make the agreement unenforceable. It’s important for employers to make sure their workplace policies follow the law to avoid ending up in court. This information was based on a presentation by a group of lawyers. The Labor and Employment Law Section wants to teach its members about serving the public and improving how justice is carried out. They also want to advance the study of law. This message is from the Rules Regulating The Florida Bar.

 

Source: https://www.floridabar.org/the-florida-bar-journal/employment-law-for-law-firms-do-the-shoemakers-children-need-new-shoes-part-2/


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