Delicate Employee Matters

Employers sometimes contact our employment lawyers Orange County for legal advice. Since employment is a constantly changing field, you should retain competent legal counsel in order to ensure that you are protected from lawsuits. While you will likely be able to make some decisions without calling an attorney, you will want to contact someone if you face an especially difficult employee-related decision.


You might want to hire a lawyer when firing an employee includes any of the following scenarios:

  • If the employee has an oral or written contact that addresses firing. Even if the contact was verbal or if it was implied, you should still seek legal counsel.
  • In the event of vested monies that will shortly mature.
  • If the worker recently submitted a complaint with a government agency.
  • If your work demographics would drastically change as a result.
  • If the employee confided that he or she meets the standards for a protected class, such as disability, transgender or pregnancy.
  • If the employee has access to closely held trade secrets.
  • If the work could sabotage the workplace, become violent or commit vandalism.
  • If the employee has amassed numerous absences, listed as part of the rationale for firing, but if those absences are protected.
  • If the employee is accused of committing crimes other behavior against policy, but he or she denies the crimes.
  • If the employee has retained legal counsel.

Other Considerations

A worker’s classification can also affect firing. Categories such as exempt, non-exempt and independent contractors all affect your rights as an employer. You should also review significant changes, such as lay-offs or changes to benefits or pension plans that affect numerous employees. An attorney can help you avoid any problems before they occur.

Legal Actions

If an employee sues you, seek legal help immediately as the cases can be complicated. You will need to safeguard case evidence and protect your rights, so the sooner you get help, the better. Likewise, if an employee doesn’t file a lawsuit but still makes a claim or files a complaint, you will need legal help. For example, you might be accused of denying unemployment or charged with some type of discrimination. Sometimes you can resolve these matters via a consultation.

Contact Our Employment Lawyers Orange County

If you are an employer with questions about retaining legal counsel, contact Daily Aljian LLP, our employment lawyer Orange County.

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