Question: I need to make sure my business is operating correctly. Should I hire an HR Consultant or Employment Lawyer and what is the difference?

This question comes up a lot. Employment lawyers can help make sure the company is doing the following properly:

1. Determining how to pay employees (salary, hourly, overtime, tips, commissions, etc.)

2. Classifying its workers as employees or independent contractors

3. Limiting lawsuits from employees

4. Maintaining legal documents, such as employee handbook, employment agreement, severance agreement.

5. Terminating employees (if needed) to limit wrongful termination lawsuits

Employment lawyers provide guidance and advice on issues that involve legal compliance and laws.

In comparison, HR professionals can help with onboarding new employees, benefit packages, recruitment, payroll and employee performance. 

I would recommend having both an HR professional and employment lawyer on retainer (if possible), especially when the company reaches 20+ employees.

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Have we met? I’m a Florida employment lawyer, mediator and workplace investigator. I help my clients navigate tricky workplace situations and comply with employment laws through legal consulting and dispute resolution.