Can I Use My Business Lawyer for Employment Issues?
Dec 03, 2024
Business owners and HR professionals often ask me if they can consult with their general business attorney for employment law matters. The answer is maybe, depending on the experience of the business lawyer. However, many times, the answer will be no.
Here is why.
Demand letters sent by an employee to the employer on employment law issues typically include an analysis of the facts applied to the relevant law. If the attorney is not familiar with the employment laws, he/she will not be able to (1) properly evaluate the the matter, (2) counter with appropriate defenses and (3) effectively negotiate resolution.
If the matter is not properly evaluated, it can lead to too high settlement payments paid by the business or unnecessary litigation.
Paying out too much money for settlements and unnecessary litigation is expensive. “Routine” employment cases can cost $100k+
Many times defenses are overlooked (like the number of employees the business must have) which would have resulted in a dismissal of the case.
Takeaway- Business lawyers are very important and provide legal advise that protects the business. However, Florida businesses who receive a demand letter, have a wage and hour dispute or claim of discrimination, harassment or retaliation from an employee or who need assistance negotiating an employee’s severance agreement should consult with a lawyer with experience in employment law. Employment lawyers have an understanding of the caselaw and legal defenses that can help resolve employee disputes in an effective and efficient manner.
——
Visit www.wannoslaw.com for more info and to schedule an introductory call to discuss how we can help protect your Florida business with employees. We provide the following services:
- Legal Audit
Schedule a legal audit for a comprehensive review of the company's employment policies and practices to make sure they are legal and discover best practices to protect the company from risk and liability. Online Scheduling and Quick Availability.
- Legal Advice & HR Consulting
The Wannos Law Firm, PA provides employment law and HR consulting and legal advice to clients in Florida. We help clients navigate those tricky employee issues to make sure they comply with the law. Schedule a consultation.
- Workplace Trainings
Are the managers making decisions regarding employees, but don't know the "do's and don'ts" of the law? We train CEO's, HR Departments, Supervisors and Employees on the employment laws affecting the business. More Information Here.
- Workplace Investigations
The Wannos Law Firm, PA provides prompt, independent and efficient workplace investigations in response to employee complaints of harassment, discrimination, retaliation and serious policy violations. Schedule a call to discuss how we can help.
- Employment Mediation & Arbitration.
Get your employment matter resolved without the expense of litigation. Karly is a Florida Supreme Court Certified Mediator and has participated in 75+ mediations. Reach out for online scheduling and pricing.
About Karly Wannos, Esq.
Karly Wannos is a highly accomplished and respected Florida employment attorney, arbitrator, mediator and workplace investigator for employment law and business matters.
Ms. Wannos has litigated employment and business disputes involving claims of discrimination, harassment, retaliation, unpaid wage and overtime, breach of contract and other workplace matters. She has representedboth employers and employees in state and federal court and before the US Equal Opportunity Commission (EEOC) and the Department of Labor (DOL). Ms. Wannos also has substantial experience dealing with matters where insurance defense counsel or an insurance claims professional is involved.
As a mediator, Ms. Wannos uses her substantial litigation experience to encourage parties to reach an amicable resolution without court intervention through mediation. Her strong litigation background and presence as a community leader serves to establish trust among the parties and their counsel.
Ms. Wannos is a Florida Supreme Court Certified Civil Circuit mediator, AAA panel arbitrator, and a neutral external workplace investigator (AWI-CH).
Get the Newsletter
Stay Up To Date on employment law, management and leadership!
We do NOT spam, and we do not sell any information.