Employment Law

How you define and distinguish full-time employees from independent contractors, part-time employees, interns and volunteers has a dramatic impact on a worker’s rights and the company’s obligations to that worker. Misclassification can lead to significant costs owed to workers, as well as to the federal and state governments. 

Having a well-crafted employment agreement provides long-term protection for both you and your employees. Your employment agreement will memorialize expectations and obligations that will likely prove valuable should a dispute arise. 

While terminating an employee is never pleasant, implementing a severance agreement can provide peace of mind that your business won’t face a costly lawsuit. A severance agreement gives something of value to an employee that he or she is not otherwise entitled to, such as additional compensation or benefits, in exchange for voluntarily agreeing not to bring suit. 

An employee handbook is a manual that sets forth your business’s rules and policies.  It, therefore, establishes the mutual expectations between you and your employees. Employee handbooks are valuable for every business, no matter how small because they detail the company’s policies, procedures and benefits. 

Workplace discrimination and harassment occur when an employee suffers from unfavorable, unfair or unwelcome treatment in the workplace. Whether or not the discrimination and harassment accusations are true, you must handle the situation carefully. The employer is responsible for having policies and procedures in place to prevent discrimination and harassment in the workplace. Mishandling a harassment or discrimination claim can lead to costly legal battles and government investigation, as well as disrupt the work environment. 

When disputes between employers and employees cannot be prevented or avoided, it may give rise to litigation. It’s important for both parties to not only seek a lawyer with litigation experience but one who has specific experience handling employment litigation matters. Whether through the courts, administrative agencies or settlement, an experienced employment litigator provides the best chance to successfully resolve a dispute.

Every employer is required to withhold “payroll” or “employment” taxes from their employee. These include Federal Income Tax, Social Security Tax, Medicare Tax, State Income Tax and various other local taxes. An employer is required to collect, account for and pay taxes that are withheld from employees’ wages to the IRS. Any failure to properly withhold and timely pay is a serious violation of tax code and authorizes the IRS to forcibly collect the tax due and levy substantial penalties and accrued interest.