What to do if you are sued by your employee
If you are a business owner you will more than likely at some point have to deal with this question:
What should I do if I get sued by my employee?
Although you can take some precautions that will minimize your risk, like having comprehensive Employee Handbooks, if you are in business long enough, there is still a high likely hood one of your employees will file claim at some point.
You should be as prepared as possible if this day were to ever come so you can minimize the risk to your business. Ask yourself, If I were to get sued by an employee today, would I be as prepared as I need to be?
If the answer is no, then you better know three things you should do if you get sued by an employee.
The Three Things You Need To Do
1. Don’t Panic.
It is critical that you keep your wits about you and don’t assume the worst.
Do not take any retaliatory action against your employee! It may give you some temporary satisfaction but it could cost you dearly if your case ends up in litigation.
It is very important to stay calm and keep a positive attitude. Having a claim filed against you can be very scary but until you have had a professional Employer Attorney review your case there is no need to stress too much. We have had cases that seem very scary up front but turned out to be completely full of holes and we were able to have them dismissed.
2. Gather All Information.
Information is King! It is critical that you gather as much information as possible pertaining to this employee and his or her claims. All emails, written notes, eye witness accounts, time records, payment records, all written employment policies, anything you can think of. The more information you can provide your attorney the better tools they will have to defend you. Gather everything pertaining to this employee and let the attorney decide what’s irrelevant. Also gather all your employment policies. Remember more is better than less!
3. Contact An Attorney.
Yes an attorney will cost you money but an employee claim is a huge risk to your entire business.
It is critical you obtain the services of an attorney, especially one who concentrates on protecting employers and business owners in these types of matters. The earlier you bring an attorney into the matter the better. If you wait, sometimes you can unwittingly make matters worse for your case.
Remember: Bring an attorney who specializes in protecting business owners and bring them in as early as possible.
No company or business owner wants to deal with an employee claim or lawsuit. But when the time comes that you are in this situation, it is imperative that you do everything possible to minimize the risk to your business. Following the steps above should be a great start in minimizing this risk.
Contact us today if you need an attorney who specializes in protecting California Business Owners!
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