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Preventing Employee Lawsuits

There is in the Bay Area an epidemic of lawsuits against small and mid-sized businesses by their former and current employees.  Thousands of Plaintiff’s Employment Lawyers are trolling on the internet looking for people willing to sue their current or former employer looking to cash in on any alleged violation of hundreds of ridiculously complicated and constantly changing laws.  These lawsuits cost California employers billions of dollars every year.

The most common employee lawsuits are for the following:

  • misclassification of exempt employees and independent contractors
  • wrongful termination and retaliation
  • failure to pay for all hours worked
  • failure to provide proper meal and rest breaks
  • harassment and discrimination
  • pay stub violations
  • failure to pay commissions or bonuses
  • paid sick leave violations
  • improper piece-work pay
  • equal pay violations

Fortunately, employers can protect themselves from these lawsuits, including through the implementation and enforcement of written policies and procedures specially designed to protect the employer.  Creation and proper implementation of the following can effectively prevent these lawsuits.

  • Binding Arbitration and At-Will Agreement
  • anti-harassment policies and procedures
  • time sheet
  • overtime and rest and meal break policies and procedures
  • termination protocols
  • job descriptions

Sweeney, Mason, Wilson & Bosomworth is a local law firm focusing for the past 27 years on representing small businesses and their owners in all business and employment matters.  We will conduct free seminars for Campbell Chamber members on the steps employers can take to create protections against employee lawsuits. The first seminar will be held on April 15, 2017.  If you would like to attend, please RSVP to reb@smwb.com.

Kurt Wilson

Sweeney, Mason, Wilson & Bosomworth

            983 University Ave, Suite 104C, Los Gatos
           408-356-3000

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