Legal Advice On Discipline And Leaves
Decisions about how and when to discipline or discharge employees can be complicated, especially when an employee is in a “protected class.” Employees can be in a protected class because of their age, race, gender, pregnancy, sexual orientation or disability. They may have asked for a leave of absence or raised internal complaints, making retaliation claims possible.
State and federal laws may come into play when confronting these types of decisions. Employers are best protected by obtaining legal advice before they take action, rather than trying to defend decisions made without the benefit of legal counsel.
At the Law Offices of Marc Mandelblatt, our employment lawyer has been providing effective legal advice and strong defense representation to small businesses in the San Diego area for more than 40 years. Let us put our experience to work for you in regard to effectively disciplining and discharging employees.
If you have questions concerning employee discipline or discharge or if you are confronting an issue surrounding a leave of absence, call 866-346-4297 to schedule an appointment to discuss your situation.
Complying With The Law When An Employee Must Be Terminated
Issues involving the termination of an employee can be tricky. Depending on the situation, it may be possible to terminate an employee without having to take disciplinary measures prior to the termination. In other instances, a progressive disciplinary policy may need to be followed before an adverse action can be taken. In other scenarios, there may be laws that prohibit you from terminating an employee.
Failure to follow the proper law and procedures when contemplating termination can leave your business open to a wide range of lawsuits. Our San Diego lawyer can review your employee discipline situation and provide you with the proper advice to move forward. Whenever issues of employee insubordination and punishment arise, you can save yourself a lot of potential headaches by seeking qualified legal counsel before you act.
Employee Leave Issues For Small Businesses
Employers often have misconceptions about the nature and extent of various types of leaves of absence required by law. Several state and federal laws may or may not apply to your situation, including the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the California Family Rights Act (CFRA) and Fair Employment and Housing Act (FEHA). Many employees believe that they have an unqualified right to a leave of absence under these laws. For smaller businesses, however, some or all of these may not apply.
We can provide your business with seasoned advice on managing leaves of absence. Do not rely on conflicting information available on the internet. We have helped numerous small businesses throughout Southern California such as restaurants, medical and dental practices, and real estate offices deal with these issues to avoid expensive litigation.
Call For More Information
When it comes to leaves of absence, there are many state and federal rules and regulations governing disability leaves that may or may not cover your business, depending on its size and the scope of its operation. We can help provide clarity so you can continue to operate your small business with complete confidence.