What happens if a company fires an employee without consulting an attorney? A lot can happen, right? For instance, the worker can sue the company.
You might disagree with this, especially if the worker violated the company’s policies. However, something simple, like firing an employee, requires legal support.
If not properly followed, it can lead to legal issues. This, in turn, won’t just harm your business bottom line. It will also waste its resources and ruin its image.
What is an Employment Lawyer?
An employment lawyer is a legal professional. The expert doesn’t just provide guidance to employers. They also offer guidance to employees on legal issues related to employment.
This is more important, especially in New Zealand, where employment laws are rigid. So, having the right employment lawyer Wellington is important in this case.
What to Look for in an Employment Lawyer
Hiring an employee attorney is not something you should take lightly. This is why you need to prioritise the following qualities when hiring one:
- Expertise
- Employment laws and regulations
- Clarity
- Availability
- User reviews
5 Ways Employment Lawyers Help Employers Before Firing Employees
Termination of employment is a very significant action that you cannot take lightly. Human resource managers need input from employment lawyers.
This will ensure that the termination is not just fair. It will also ensure the act is legal and documented properly. Here are some of the ways they help:
1. Reviewing Employment Agreements
Employment lawyers analyse contracts. This doesn’t just help to determine whether termination grounds are legal under the contract. It also helps to reduce wrongful dismissal lawsuits. Plus, it ensures that employee rights are protected.
2. Evaluating Grounds for Dismissal
Employers seek legal advice from lawyers who help them in determining and proving that dismissal was for good cause. They will tell you if it is clear misconduct, redundancy or performance-related. This makes sure that the employer is not basing their actions on emotions.
3. Guiding the Disciplinary Process
Hiring one guides you through steps like issuing a written warning, meetings, and even investigative processes. If any steps are omitted, this may lead to a personal grievance issue. A lawyer assists you in staying neutral and ensuring legal compliance.
4. Minimising Legal Risks
They prevent legal risks from growing to the level of litigation. This encompasses guidance and support regarding documentation, as well as communication with other governmental authorities. This helps reduce the chance of being taken to the Employment Relations Authority.
5. Negotiating Settlements
Sometimes, going our separate ways is the best thing that can happen to us. It means that a lawyer won’t just sit down with both parties. It also means coming up with a mutually agreeable solution to the case. This often helps to prevent further development of the matter.
In conclusion, firing an employee is one of the worst experiences you can ever have. However, if you take the right approach, you can make it smooth. One way to do that is to hire a professional employment lawyer in Wellington.