Employment Law Advice for Employers
Unlocking the Secrets of Employment Law: A Guide for Employers
In the realm of employment law, ignorance can be detrimental. Small business owners, particularly those without a dedicated human resources department, often find themselves tiptoeing through a legal minefield. The intricacies of employment laws tend to take a backseat until a crisis emerges, such as an employee grievance or the need for disciplinary action.
Your Comprehensive Resource
The information provided throughout this site serves as a valuable resource for both employers and employees. On this page and the linked resources, we focus specifically on the challenges confronting employers and the essential legal considerations that should be on your radar.
Expertise Meets Experience
As employment lawyers running a small business ourselves, we bring a unique blend of legal expertise and hands-on experience in managing teams. Our goal is to help you navigate the complexities of employment law effectively, and with as little risk to your business as possible.
Navigating the Hiring Process
When bringing new team members on board, several legal considerations should be top of mind:
Wages and Benefits
Various factors dictate what you must provide to your employees:
Non Compete Agreements and More
Consider the use of restrictive covenants for employees in sensitive roles:
- Non-Compete Agreements: Massachusetts law has specific requirements for enforceable non-compete agreements, and legal guidance is essential to create compliant agreements.
- Non-Solicitation Agreements: These agreements restrict soliciting business from customers or prospects post-employment and are generally enforceable. It is important, however, to make sure the the terms are not boilerplate, but tailored appropriately to what you want to protect.
- Non-Disclosure Agreements: These agreements require employees to maintain confidentiality even after employment ends and are common and enforceable.
Employee Discipline and Termination
Navigating employee discipline and terminations can be challenging, but it's a necessary aspect of running a business:
- Final Paycheck: Terminated employees must receive their final wages, including unused vacation and commissions, on the day of termination to avoid penalties.
- Unemployment Information: Provide information about applying for unemployment when terminating an employee, without necessarily admitting eligibility.
- Discrimination and Retaliation Laws: Be mindful of laws protecting certain classes of individuals or those engaged in protected activities when disciplining or terminating employees.
- Benefits Continuation: Offer terminated employees the option to continue health insurance coverage through COBRA, where applicable.
- Severance Packages: While not mandatory, offering severance packages can benefit both parties by securing a release of claims and aiding the transition.
Looking for Answers Now?
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How Our Employment Lawyers Can Help
We can help you navigate these issues and get clarity on your rights and obligations when issues with employees arise in your business. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.