Attorney Tamara Harper has extensive experience in business law and civil litigation.
By taking a proactive legal approach, Tamara helps her clients avoid costly litigation proceedings by providing all the information necessary for business owners to implement and maintain a business environment that is compliant with California Laws.
5 Strategies to Avoid Being Sued
These five strategies you can implement immediately to limit your risk and exposure to employee lawsuits. Useful tools are provided to you to use as checklists, tips and worksheets. This is the first in a five part series. If you desire the entire series immediately at no cost, please contact Tamara L. Harper directly.
Strategy 1: Make sure Employees are taking Meal and Rest Breaks
It is the employer’s responsibility to track employee’s work hours and maintain all records, even if using an outside payroll or administrative agency. Timecards are vital to an employment litigation defense, especially in light of the fact that most outsourcing payroll agencies contain an indemnification and hold harmless clause in their contracts with employers. READ MORE…
Strategy 2: Know how to Effectively Handle a Termination
A poorly handled termination can have a severe impact, leaving a disgruntled employee who might be tempted to sue. Additionally, there is low morale among the employees who remain and potential damage to your reputation. Once you decide to terminate, you must pay special attention to the actual termination process. READ MORE…
Strategy 3: Investigate Sexual Harassment Complaints Promptly; Conduct Mandatory Annual Training.
Under federal and state law, employers are required to investigate harassment, discrimination and retaliation complaints. Employers can avoid liability for sexual harassment if the employer can show it took reasonable steps to prevent the harassment and promptly correct the sexual harassment in the workplace, and the employee did not take advantage of employer’s measures to address harassment.
Failure to fully investigate puts you at risk. Consult employment counsel before deciding to not investigate. Conduct the required annual training of supervisors for sexual harassment prevention and keep evidence of attendance in the form of written records. Consult your employment counsel for details.
Strategy 4: Correctly Classify Sales People – Exempt vs. Non-Exempt
A clear job description should be communicated in writing or contained within your policy manual for each exempt position.
There is critical and detailed analysis to be made for each exemption claimed, whether it is for a salesperson, administrative position, computer professional, executive/managerial position, or professional. Tamara L. Harper uses a worksheet for each of the above type classifications in order to determine if the position is truly exempt. The worksheets are quite detailed. Each position has separately defined criteria and a different worksheet.
Please contact Tamara L. Harper directly to discuss the availability of these worksheets as they are specific to each particular situation and not for general use. READ MORE…
Strategy 5: Have an Effective Employee Handbook
One of the most important tools that you can have as an excellent defense to an employee lawsuit is a policy manual or handbook that has been updated to be in compliance with all of the 2019 new legislation, including all of the medical laws that affect leave. The cost is nominal when compared to the average attorney retainer for employment defense litigation- $35,000 and up. The average employment litigation settlement is approximately $85,000 and litigation through trial can run over $300,000 not including appeals, for a wrongful termination claim. READ MORE
Tamara L. Harper, A Professional Corporation, Navigating entrepreneurs, inventors, individuals, and small to mid-size companies in the e-commerce, retail, green energy, real estate, bio-tech, restaurant, and service industries to safe harbors through the maze of employment regulations, corporate compliance, real estate and civil litigation, trademark registration and defense, business sale or acquisition, investor capitalization, asset protection, legacy and estate planning and trust administration. “Navigating and charting a map of the waters and currents you need to sail to bring you safely home to your particular harbor.” The materials and information contained on this website are provided for GENERAL INFORMATION PURPOSES ONLY. The material should not be construed and is not intended as legal advice on any subject matter and is NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL COUNSELING from a qualified licensed attorney from the appropriate jurisdiction. IT IS NOT INTENDED, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP and no attorney-client relationship is formed unless agreed to in writing. In the event this communication is not in conformity with the regulations of any state, we are not willing to accept representation based on this communication. The content of this website is for advertising purposes, comes as-is and its accuracy, completeness, or applicability is not guaranteed. Tamara L. Harper expressly disclaims all liability in respect to actions taken or note taken based on any or all of the contents of this site.
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