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Defending Employers: What to Do Before Employee Files a Claim

Most employer liability problems start small. An employee complains and the employer either reacts too slowly or improperly. That can risk serious problems. As an employer, the best way to address a complaint from an employee is to act before there is a formal claim. A fair, unbiased and proactive approach is the best approach. Here, our California employment lawyer for preventing claims highlights the steps that you can take before a claim is filed.

Step 1: Treat Every Employee Complaint Seriously

Employee complaints can never be viewed as frivolous. Do not debate labels at the outset of the process. To comply with California law, all employee complaints should be treated seriously and investigated properly. A complaint about unfairness can become a retaliation claim if it relates to discrimination, wages, safety, leave, or other protected conduct. The right mindset can go a long way towards helping employers resolve these problems.

Step 2: Acknowledge Receipt of the Complaint in Writing

A fair, unbiased and responsive approach to an employee complaint is a must. Make sure to confirm, in writing, that you received the complaint. As part of that written confirmation, it is a best practice to provide an (approximate) timeline and overview of next steps.

Step 3: Get a Timely Statement from Relevant Parties

Ask the employee for a written statement or take a signed intake memo. Lock down dates, locations, witnesses, what was said, and what the employee wants as a remedy. Ask about documents, texts, or photos. Do not pressure the employee to “keep it informal.” That posture can backfire later.

Step 4: Preserve Evidence; a Key Step for Employers

Issue a narrow preservation notice. Suspend deletion for relevant custodians. Pull time records, schedules, productivity reports, Slack or Teams messages, and security footage before it cycles out. If wage and hour issues appear, audit timekeeping practices immediately. Fixing a process now can reduce ongoing exposure, and document the business reason for any change.

Step 5: Put Interim Guardrails in Place as Appropriate

The California Fair Employment and Housing Act (FEHA) strictly prohibits retaliation. As an employer in the Bay Area that is facing an employee complaint, you should avoid any appearance of retaliation. It is important to put interim guardrails in place as appropriate given the specific circumstances. An employee cannot lawfully be punished for raising a complaint, even if it turns out later to be unfounded.

Step 6: Run a Structured Investigation with a Defined Scope (a Lawyer can Help)

Employers should define the allegation, the policy at issue, and the time window. A comprehensive overview of the case can help to resolve the issue. Among other things, it is the best practice to build an interview list. The investigation must be fair and unbiased. Employers should generally start with the complainant, then witnesses, then the accused. A fair and unbiased interviewer should ask the same core questions in each interview. Take notes that capture facts. Who should conduct the investigation? That is often best left to the overview of a California employment lawyer.

Speak to Our California Employment Lawyer for Employers Today

Lynnette Ariathurai is a California employment attorney for employers who is committed to solutions-driven representation. If you have any questions about how to prevent employee claims, please do not hesitate to contact us for a completely confidential, no obligation case review. From our Fremont law office, we provide employment representation to employers throughout the Bay Area.

Employee claims, employee discrimination claims, employee harassment claims, employee retaliation claims

Defending Employers in Medical Practices: What to Do Before an Employee Claim is Filed

Owning and operating a medical practice is complicated. A wide range of issues can arise. Employee complaints have the potential to be amongst the most damaging to employers. A fair, unbiased and proactive approach is a must. Lynnette Ariathurai is a California business lawyer who helps medical practices protect their interests before claims are filed. Here, our California employment attorney for preventing claims provides a step by step guide to what medical practices can do before an employee claim is filed.

Step 1: Accept the Complaint, Evaluate it, and Ensure Patient Care Does Not Suffer

Medical practices should start by classifying the complaint. Does it allege harassment, discrimination, retaliation, wage and hour violations, leave, safety violations, or another type of issue? It is important to understand what is being alleged. Medical practices should flag anything that could involve protected activity, protected leave, or protected class status. They should also flag anything that could implicate patient records, EMR access, or patient communications. Patient care cannot be allowed to suffer while the complaint is being addressed.

Step 2: Make Sure that Sensitive Patient Information is Protected

The Health Insurance Portability and Accountability Act (HIPAA) strictly protects the confidentiality of patient medical information. If the employee complaint involves charts, messages, photos, recordings, or access logs, restrict access on a need-to-know basis. Medical practices should not circulate screenshots and they should not “share for context” in group chats. Instead, they should preserve audit trails for EMR access and messaging systems. If you use outside HR or counsel, plan how you will disclose records as appropriate.

Step 3: Consider a Litigation Hold Tailored to Medical Systems

Medical practices facing an employee complaint in California may want to send a written preservation notice. Among other things, it can include email, texts, scheduling platforms, EMR audit logs, call recordings, camera footage, and patient messaging tools. You should coordinate with your EHR vendor if the system overwrites logs on a short cycle.

Step 4: Implement Interim Measures as Appropriate Without Punishing the Employee

You can adjust schedules, supervision, or patient assignments to reduce conflict while you investigate. However, medical practices should strictly document the business reason for doing so. It is important to avoid any appearance of retaliation. Things like pay cuts, hour reductions, or punitive reassignments could be an independent violation of the law. In other words, retaliation could give an employee the ability to bring an additional claim.

Step 5: Choose an Investigator Who Understands Medical Operations

A fair, comprehensive, unbiased, proactive investigation of an employee complaint is required. Medical practices should pick someone who is fair and reasonable, and can interview clinicians and staff without getting pulled into clinical debates. If the complaint involves a physician owner, a lead MA, or a practice manager, it is strongly recommended to consider an outside investigator.

Step 6: Be Ready to Get Professional Legal Representation

Employee complaints are complicated. Knowing what to do before a complaint is formally filed can go a long way to protecting the best interests of the medical practices. An experienced California employment lawyer for employers can review your case, answer your questions, and help you develop a strategy to resolve the matter most effectively.

Contact Our California Employment Lawyer for Medical Practices Today

Lynnette Ariathurai is a California employment attorney who has the knowledge and experience that medical practices can rely on. We put employers first. If you have any questions about what to do before an employee claim is filed against your medical practice, please do not hesitate to contact us today. With an office in Fremont, we provide employment law services to medical practices throughout the Bay Area of California.

Employee claims, employee discrimination claim, employee harassment claim, employee retaliation claim

How California Employers Can Protect Themselves from Wage and Hour Claims

California has some of the most comprehensive wage and hour regulations in the entire country. All businesses and organizations that operate in California must comply with both federal and state wage and hour laws. A proactive approach is one of the keys to preventing claims. Here, our Fremont employment lawyer for preventing claims highlights best practices companies and organizations can use to protect themselves against wage and hour liability.

What Employers Should Know About Wage and Hour Laws in California

Wage and hour laws regulate worker hours, pay, and benefits. A key thing for employers in the Bay Area to know is that California’s wage and hour laws are among the most employee-protective in the country. Employers must comply with the federal Fair Labor Standards Act (FLSA), the California Labor Code, and all applicable Industrial Welfare Commission (IWC) Wage Orders. Here are some of the key requirements:

Employers must meet the state or local minimum wage
Employers must provide required meal and rest breaks
Employers must provide proper overtime compensation

California’s Labor Commissioner (DLSE) actively enforces wage and hour rules. Employees can file administrative wage claims or pursue civil actions for unpaid wages, missed breaks, or overtime violations. The state’s Private Attorneys General Act (PAGA) empowers employees to bring wage and hour claims against employers on behalf of similarly situated workers. Employers found in violation could face liability for unpaid wages, liquidated damages, penalties, and attorney’s fees

Best Practices for Employers to Prevent Wage and Hour Claims

1. Maintain Accurate Time-Keeping Systems

Time-keeping matters. You should use reliable, verifiable systems to record all hours worked, including start and end times, meal breaks, and off-the-clock work. Even small violations of time-keeping regulations can lead to serious liability.

2. Review Worker Classifications

Workers in California must be properly classified. Employers should confirm that exempt employees meet both the salary basis and duties tests. A company that misclassifies a worker, including improperly classifying them as an independent contractor, could face a wage and hour claim.

3. Implement Comprehensive Written Policies

Many employers in California can benefit from comprehensive written wage and hour policies. You should provide clear, accessible policies regarding overtime authorization, breaks, and other relevant procedures.

4. Train Supervisors and Managers

Proactive training of supervisory employees can help. Supervisors, managers, and the HR department (if there is one) must understand how wage and hour violations occur.

5. Conduct Regular Audits of Wage and Hour Policies

Finally, employers in California can prevent wage and hour claims by conducting regular, comprehensive audits of their wage and hour policies. An employer lawyer for employers can help.

Speak to Our Fremont Employment Lawyer for Employers today

Lynnette Ariathurai is a California business lawyer with extensive experience representing employers. If you have any questions or concerns about how to prevent wage and hour claims, please do not hesitate to contact us today for a fully confidential consultation. With an office in Fremont, we provide legal services to employers throughout the San Francisco Bay Area.

California wage and hour regulations, employer wage and hour policies, worker classification

Employer Guide – Protection and Guidelines

Employment law is complicated. California has among the most comprehensive, worker-friendly employment laws in the entire country. Employers must be in full compliance with the law. A proactive approach to labor and employment compliance can help businesses and organizations reduce their risk of liability. Lynnette Ariathurai is a solutions-focused California employment lawyer. If you have any questions about employment protections or employment guidelines, please do not hesitate to contact us for a fully private, no obligation consultation.

We Provide Legal Protection to Employers in California

Employer Representation

We are committed to representing employers in employment law matters. Our firm can help you develop workplace policies, employee handbooks, required training, and employment contracts to reduce your risk of legal/liability exposure. We also defend employers against federal and state claims, including discrimination, harassment, wage and hour disputes, and administrative complaints. Employers can rely on our proactive legal counsel.

Preventing Employee Claims

The best way to deal with employee claims is for the employer to prevent them from arising in the first place. A proactive approach can make the difference. We help employers in the Bay Area understand the ever-evolving state and federal requirements so that they remain fully compliant. Preventive support limits future lawsuits and preserves resources. If you have any questions about how to develop the right policy to prevent a claim from an employee, our attorney is here as a resource.

Defending Employee Claims

Even if your company does everything the right way, the employer could still face a claim from an employee. California employers face many types of employee allegations, from EEOC and Labor Commissioner complaints to attorney letters and lawsuits. We defend employers against federal and state claims, including discrimination, harassment, overtime, and leave disputes. Facing liability in an employment law claim has the potential to be very costly for an employer. If you have any questions about how an employer can deal with a claim from an employee, our California attorney is here to help.

Handling Discrimination Claims

California strictly enforces anti-discrimination laws. We help Bay Area employers with preventing, responding to, and resolving discrimination claims under federal and California law. Employers must understand Title VII and FEHA obligations to avoid protected-class discrimination legal exposure. Our California employment lawyer can review allegations, conduct impartial investigations, and advise employers on defense strategy.

Termination of Employees

Terminating an employee can be complicated. Even if it is “for cause.” California employers must follow strict rules when terminating employees. Our business law firm advises companies and organizations on lawful termination procedures that reduce risk under state and federal law. Guidance covers documentation, performance records, final pay requirements, wage statements, and timing obligations.

Contact Our Fremont Employment Lawyer Today

Lynnette Ariathurai is an experienced California employment lawyer. If you are an employer with questions about your rights or your options, we are here to help. Contact us today for a completely confidential, no obligation initial consultation. With an office in Fremont, we provide employment law representation throughout the region in California.

California employment law, employer liability, employer risk, employment law

Attorney for Closing a Medical Practice in California

There are more than 75,000 actively licensed physicians in California who work across thousands of different medical practices (California Health Care Foundation). Of course, medical practices do not always last forever. New practices are being formed every month and many existing practices are being sold or even being closed down.

If you are a doctor in the Bay Area who is preparing to close your medical practice, it is imperative that you have a comprehensive understanding of your responsibilities. Within this article, our Fremont business lawyer for medical practices highlights the key things to know about closing down a medical practice in California.

Know Your Responsibilities When Closing Down Your Medical Practice

You Must Provide Adequate Written Notice to All Current Patients

There are strict rules regarding “patient abandonment” in California. Your practice does not want to be in violation as it closes down. The California Medical Board emphasizes that physicians must give sufficient advance notice—usually defined as somewhere between 30 and 60 days—so patients have time to secure alternate care and obtain their records. Written notices should be sent in writing either or both mail and email, and they should include the closure date and instructions for obtaining records.

You Must Maintain, Transfer, and Retain Medical Records

One of your big responsibilities when closing a medical practice in California is ensuring that medical records are properly handled. California requires physicians to keep medical records at least seven years from the last date of service for adults and, for minors, until age 25. You must either retain the charts yourself or designate a licensed custodian and disclose that custodian’s contact information in the patient‑notification letter.

You Must Safely Dispose of or Transfer Controlled Substances and Return DEA Forms

There are also strict rules for managing controlled substances. You should conduct a final inventory of Schedule II‑V drugs, cancel unused DEA 222 order forms by writing “VOID,” and mail them—along with your registration certificate—to the local Drug Enforcement Agency (DEA) office. Destruction of controlled substances must meet the federal “non‑retrievable” standard.

You Must Coordinate Continuing/Emergency Care as Appropriate

As a best practice, all medical practices in California should set up a proper system for coordinating continuing care and emergency care through their closure date. To do right by your patients, it is crucial that you take a proactive approach—especially if your practice has vulnerable patients.

You Must Notify Licensing Boards, Payers, and Credentialing Entities

Another requirement is to file a change‑of‑status form with the Medical Board, relinquish hospital privileges, and update your NPI profile. Medicare, Medi‑Cal, TriCare, and private plans generally require 30‑90 day’s notice to terminate provider agreements and to redirect electronic funds or capitation payments. Failure to cancel contracts in the proper manner can cause big problems.

You Must Properly Wind Down Business Operations

Finally, you need to develop a plan for the orderly wind down of your business operations. What this entails will depend, in part, on the specific nature of your medical practice. With that being said, there are many employment requirements. You should ensure that you give all employees written notice that meets California Labor Code requirements, pay final wages (including unused PTO) on the last day, and issue COBRA or Cal‑COBRA election forms.

Our California Business Lawyer Can Help You Close Down a Medical Practice

Lynnette Ariathurai is a California business attorney with the skills and experience to help physicians wind down their medical practice. If you have any questions about your responsibilities, please do not hesitate to contact us today. With an office in Fremont, we work with medical practices throughout the Bay Area.

close medical practice California, medical office closing, physician practice closure

Arbitration Clauses in a Contract: When Arbitration Can and Cannot be in a Contract in California

Arbitration is a private dispute resolution process where parties agree to have a neutral third party (the arbitrator) hear their case and make an (often) binding decision. It is not uncommon for business contracts—but commercial agreements and employment agreements—to contain mandatory pre-dispute arbitration clauses. You may be wondering: Is an arbitration clause enforceable in California? The answer is presumptively “yes”—but there are certain requirements that it must meet. Here, our Fremont business lawyer explains the key things to know about when an arbitration clause can and cannot be in a contract in California.

Arbitration Clauses are Generally Enforceable in California

A pre-dispute arbitration clause is a contractual provision requiring parties to resolve future disputes through arbitration instead of litigation. It is commonly included in consumer, employment, and commercial contracts. California lawmakers have long viewed mandatory arbitration provisions with skepticism. In 2019, Assembly Bill 51 (AB 51) was passed in the state to prohibit employers from requiring employees or applicants to sign arbitration agreements as a condition of employment. However, its enforcement was challenged. On January 1st, 2024, a federal court issued a permanent injunction. The court determined that the Federal Arbitration Act (FAA) preempts AB 51. As such, arbitration clauses for employment contracts are still lawful in California.

While Permissible, Arbitration Clauses Must Meet Certain Standards in California

Even though AB 51 never took effect, mandatory arbitration clauses must meet certain criteria to be lawful in California. The California Supreme Court set the standard in the case of Armendariz v. Foundation Health Psychare Services, Inc. Here are five key elements:

Arbitrator must be neutral: In California, arbitration clauses must ensure that the arbitrator is impartial and free from any conflicts of interest.
More than minimal discovery must be allowed: While arbitration does not include a full discovery process, it cannot be limited to only “minimal” discovery.
Fees for the arbitration cannot be unreasonable: Businesses and employers cannot impose excessive arbitration costs on customers and employees.
All forms of relief available in court must be possible remedy: Arbitration agreements must not limit the types of damages or remedies that a party could otherwise seek in court.
The arbitration must be decided in writing: Finally, the arbitrator must make his or her decision in writing with a basic explanation of the basis of the ruling.

Beyond that, a mandatory arbitration provision in California may also potentially be considered invalid and unenforceable if it is substantively unconscionable. For example, a contract arbitration clause that requires an employee to waive all PAGA claims rights has been previously deemed overly broad and substantively unconscionable by courts.

Speak to Our California Arbitration Attorney for a Confidential Consultation

Lynnette Ariathurai is a California business lawyer who has the experience to help companies and employers with the full range of arbitration cases. Contact us today for a fully confidential, no obligation initial consultation. With an office in Fremont, we serve business throughout the region, including in Union City, San Leandro, San Jose, and Santa Clara.

arbitration clause requirements, California mandatory arbitration

Discrimination Policy Lawyer for Business

We Draft and Review Anti-Discrimination Policies for Businesses in California

Lynnette Ariathurai is an experienced discrimination policy attorney for businesses in California. As of 2016, all companies and organizations with five or more employees are required to draft and distribute a legally compliant anti-discrimination policy. The right discrimination policy can help to prevent claims and reduce your risk of liability if an issue does arise. Contact us at our Fremont law office today for a confidential consultation with a California discrimination policy lawyer.

Know the Law: California has Strong Anti-Discrimination Provisions

California has strict anti-discrimination requirements for businesses. As explained by the California Civil Rights Department, our state’s Fair Employment and Housing Act (FEHA) applies to businesses and organizations with five or more employees. The law in California prohibits discriminatory practices in the workplace based on several different protected characteristics, including:

Race
Color
National origin
Sex
Gender
Sexual orientation
Gender identity
Age (40 plus)
Disability status
Medical conditions
Pregnancy status

Note: FEHA prohibits employers from retaliating against a worker who raises a complaint of discrimination. Any complaint must be taken seriously by employers—even if not well-supported.

Employers Must Distribute Written Anti-Discrimination Policy

In 2016, California changed its workplace regulations. Employers that are covered by FEHA—those with five or more employees, including part-time workers—must write and distribute a legally compliant anti-discrimination policy that meets the requirements of 2 CCR §11023. The policy should clearly confirm an employer’s commitment to preventing discrimination, harassment, and retaliation. Among other things, a written workplace anti-discrimination policy should highlight the law and provide basic complaint procedures for affected employees.

Your Anti-Discrimination Policy Should Be Drafted by a Lawyer

No employer wants to face liability from a discrimination claim. Indeed, preventing discrimination complaints from employees is highly desirable. The right (written) anti-discrimination policy can make a big difference. Professional expertise is a must. Employers should consult with an employment lawyer who can ensure that the policy is properly drafted and that it complies with all the requirements of FEHA and other laws/regulations in California. Your attorney can also tailor the policy to the specific needs of your business or organization.

How to Handle an Employee’s Discrimination Complaint (Be Proactive)

Even the best anti-discrimination policy cannot guarantee that no employee complaint will ever arise. Employers need to be ready to accept a complaint, independently investigate the allegations, and develop a defense strategy. There is no one-size-fits-all response to a worker’s discrimination complaint and/or harassment complaint. While these cases are generally best resolved before a lawsuit is filed, employers need to be prepared to fight aggressively to protect their interests.

Contact Our California Business Lawyer for Help with an Anti-Discrimination Policy

Lynnette Ariathurai is a business law attorney who helps companies prevent and resolve discrimination complaints. If you have any questions about writing an anti-discrimination policy, we are here to help. Contact us today for your confidential initial consultation. With an office in Fremont, we help businesses draft discrimination policies throughout the Bay Area including San Jose, San Mateo, Hayward, and Newark.

anti-discrimination policy, California anti-discrimination law, discrimination claims

Updated CA Family Care and Leave Act Impacts Small Businesses

The California Family Rights Act (CFRA) is our state’s counterpart to the federal Family and Medical Leave Act (FMLA). The CFRA provides more expansive protection to employees and, as of January 1st, 2021, the CFRA has been updated and expanded. More small businesses in the Bay Area now have obligations under the statute. In this article, our Fremont employment law attorney for employers provides an overview of the key things small businesses should know about the updated California family care and family leave laws.

Background: An Overview of the CFRA

The CFRA is our state’s primary family care and leave law for employees. Under the CFRA, eligible employees may take up to 12 weeks of job-protected unpaid leave to deal with a qualifying family or medical emergency. The California Department of Fair Housing and Employment emphasizes that the law provides leave for eligible workers to “care for their own serious health condition or a family member with a serious health condition, or to bond with a new child.”

Dramatic Expansion of CFRA—It Now Applies to Many Small Employers

Recent legislation has changed the scope of the family care and medical leave laws in California. Effective as of January 1st, 2021, many more small businesses are covered by the CFRA. Here are five key things that all small business owners in the Bay Area need to know about the law:

Five or more employees: The CFRA applies to all businesses and organizations with five or more total employees. Only employers with four or fewer workers are exempt from coverage.
Executives are employees: The CFRA clearly states that executives and officers are counted as employees.
No more 75 mile radius: The 75 mile radius requirement—which still counted for the federal FMLA—is no longer an element in the CFRA. It doesn’t matter where employees are located. As more and more workers began to work remotely, California removed the 75 mile radius requirement.
No exception for employers based outside of CA: The CFRA counts all employees—regardless of state. Further, there is no exception to the law for employers based outside of California. If you have an employee in California and you have five or more total workers nationwide, that California employee is covered by the CFRA.
“Family member” is broader: Finally, the term “family member” has been dramatically expanded to include more people. A worker may now be able to take unpaid, job-protected leave to care for an adult child, a sibling, or a grandparent.

Small Businesses Must Ensure that their Employee Handbook is Updated

All small businesses in California should review and, if necessary, revise their employee handbook and/or any other materials that they provide to staff. As the reformed CFRA applies to many more small businesses, it is possible that some companies or organizations are using outdated materials that improperly state that they are not covered by the CFRA. Small businesses can consult with an employment lawyer for employers to ensure that their handbook is fully compliant with the January 1st, 2021 revisions to the CFRA.

Get Help from an Employment Lawyer for Employers in California

Lynnette Ariathurai is an experienced employment attorney for employers. If you are a small business owner in Fremont CA, near Newark, or Hayward, East Bay, Milpitas, Union City, San Leandro, Gilroy, San Jose, or Santa Clara with questions about the updated California Family Rights Act (CFRA), we are here to help. Contact us today to set up a confidential initial appointment.

California employment laws, California Family Rights Act, CRFA, family care, family leave, medical leave

Steps to Defend a Claim When an Employee Sues

Owning and operating a successful business is challenging in the current economic environment. No business owner wants to face a lawsuit—especially a legal claim from one of their own employees. If your company is facing a complaint from an employee, it is imperative that you know what to do to protect the best interests of the business. Here, our Fremont employment law attorney for employers highlights five key steps to take to protect yourself and your business against an employee claim.

1. Understand the Nature and Scope of the Claim

First and foremost, it is crucial that you take the time to understand the nature and scope of the claim. Did the employee actually file a lawsuit or did they initiate a claim with state or federal regulators? In employment law cases, many claims go through a regulatory agency before any lawsuit is filed. You may be facing a claim with the:

California Labor Commissioner’s office
California Department of Fair Employment and Housing (DFEH)
United States Department of Labor (DOL)
Equal Employment Opportunity Commission (EEOC)

2. Do Not Take It Personally, Do Not Punish the Employee

As challenging as it can be, it is important to remember that employment law claims are not personal. These complaints should be handled in a professional manner. If the employee still works for your company, do not take any adverse action against them—even if you believe that they filed a false claim in bad faith. You do not want to expose your company to liability for retaliation. The EEOC notes that retaliation is the most common basis for employment claims nationwide.

3. Identify and Preserve Relevant Documents and Record

Employers can effectively protect their interests by identifying, gathering, and organizing all documents and records that may be relevant to the claim. Not only do employers have a general obligation to save information once a claim has been filed, but these records can form evidence to help protect your business against liability.

4. Notify Your Insurance Carrier (If Applicable)

Does your company have employment practices liability insurance or another type of related insurance coverage? If so, it is crucial that you notify your insurer once a claim has been filed. In general, insurance policies require that businesses/organizations provide timely notice of a legal claim. Failure to tell your insurance carrier that a claim has been filed could undermine your coverage.

5. Consult With an Employment Attorney for Employers

Employment law is complicated. There are many specialized rules and regulations in place under both federal and state law. Employers facing a lawsuit (or formal claim) from a current or former employee can benefit from consulting with an experienced employment law attorney. A lawyer will be able to review the specific circumstances of the case and help you determine the best course of action—whether that is building a strong defense or working towards a solution in mediation.

Schedule a Confidential Consultation with a California Employment Lawyer

Lynette Ariathurai is an experienced employment law attorney for employers. If you have questions about defending an employee claim, attorney Ariathurai can help. Contact us now for a confidential consultation. We represent employers in Fremont, Newark, Hayward, East Bay, Milpitas, Union City, San Leandro, Gilroy, San Jose, and Santa Clara.

employee claim, employment law attorney, employment liability

Should Attorneys Speak for Employers During Employee Disputes?

To be successful, businesses and organizations need strong relationships with their employees. A legal dispute with an employee can cause serious headaches for a business owner or manager. Even worse, it could put the company or organization at a liability risk. A lawyer with experience representing employers can help your business navigate a conflict.

This raises an important question: Should an attorney speak on behalf of an employer during a dispute? The answer depends on the circumstances — though it is always important to consult with a lawyer as early in a dispute as possible. Here, our California employment law attorney for employers explains what you can expect from your lawyer during a dispute with an employee.

Preventing Claims through Proactive Guidance

It is important to emphasize that a dispute with an employee is not the same thing as an employment law claim. An attorney can help your business take proactive measures to prevent employee claims. This starts with putting the right practices and structure into place. By doing so, your business can go a long way towards reducing the risk of a dispute. Even if a dispute has already arisen, it may be possible to resolve the matter before a formal claim is filed.

If your Bay Area business is already locked in a dispute with an employee, a lawyer can help you take the appropriate action to resolve it. What exactly this entails depends on the specific situation, including the ultimate objectives of your business. In some cases, the best path forward is to take time to understand the employee’s concerns and look for a mutually workable, low-conflict solution that avoids a claim with the Labor Commissioner, Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Defending Employment Law Claims

Not all employee claims are preventable. Even if your company does everything right, there is still a risk that you could face legal action from a current or former employee. Our experienced California employment law attorney for employers can defend your business or organization in an employee claim.

Once a formal claim is filed with the Labor Commissioner, EEOC, DFEH, or any other agency, it is best to let your employment law attorney speak on behalf of your business. It is still possible that the matter could still be resolved outside of court. Nonetheless, it is best practice to work with an employment lawyer for employers who can ensure that the rights and interests of your business are protected.

Get Help from an Employment Lawyer for Employers in California

Attorney Lynette Ariathurai is an experienced, results-driven employment lawyer for employers. If you have any questions about defending your business or organization against an employment dispute, we are more than ready to help.

Contact us now for a strictly confidential initial consultation. We represent employers throughout the Greater Bay Area, including in Fremont, near Newark, Hayward, East Bay, Milpitas, Union City, San Leandro, Gilroy, San Jose, and Santa Clara.

attorney for employers, business attorney, employee dispute, employment attorney, employment lawyer