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Make Your Business My Business,
Even If You Work For One.
By Mike Farhi
It's not easy owning or starting a business today...
Keeping costs under control, dealing with vendors and customers and complying with laws and regulations make it a 24-hours a day, 7-day a week concern.
But the toughest job of all is managing your employees. It's sad but true that today, every worker is a potential lawsuit, a claim for discrimination, harassment or retaliation.
Why? Because of an explosion of new laws dealing with sexual, handicapped and other types of discrimination, harassment or retaliation, medical and family leave, and restrictions on employee termination - new rules that make suing an employer easier than ever before.
"It can't happen to me" or "I'm too busy to worry about that" are common but dangerous reactions to employee claims. If you feel that way, you're ignoring an essential part of your business. And that could cost you hundreds of thousands of dollars.
To lessen the risks of a devastating lawsuit and the legal fees to defend it, make sure you go for a "checkup" as soon as possible. Not the kind you get from a doctor, of course, but something similar: It's a "legal checkup," from a lawyer who knows what to look for in your particular situation.
Mike Farhi also represent employees who are victims of discrimination, harassment and retaliation. Why? Because even in this 21st Century, decades after creation of civil rights laws to protect against race, gender, national origin, religion and handicapped discrimination, it still happens in some workplaces. And there are still employees who blatantly violate wage and hour laws and their very own policies, procedures, handbooks and contracts. We are very selective in our choice of these cases, because there are disgruntled employees who will claim discrimination, where none exists. After more than 25 years in Employment Law, we can tell the difference.
Is there compliance with state and federal wage and hour laws? Do written policies and procedures protect employers and employees or hurt them?
Is there a "problem" worker who just can’t be let go or fired. Is there at least keeping a written record of those problems?
About sexual harassment: Do women employees have a place to go with their concerns? Are foreign-born workers prevented from speaking their native languages on the job? Can you prevent them from suing you in Court and force them to go to an arbitrator?
If you, as a small or medium-sized business owner, haven't thought about these things before, think about them now - and about whether it's cheaper to prevent problems before they start than have to pay after a lawsuit or civil rights claim has been filed.
If you, as an employee, are suffering from on-the-job problems, you really don’t have to.
Call Mike Farhi at 201-488-7211
Contact Us
Do you
know...?
- A disabled worker can demand a special restructuring of his or her job duties
- A Sports Illustrated "swimsuit issue" or similar pictures may create a "hostile workplace" for women
- An employee handbook or manual can be a binding contract
- The president or owner of a corporation can be held personally liable in a
discrimination or harassment claim - There's a right way and a wrong way to fire an employee
Make sure you have the legal tools to protect yourself and your firm against possible lawsuits and litigation based on claims of discrimination, harassment, retaliation and labor law violations.
Discrimination laws in New Jersey also apply to student-on-student harassment and make school districts liable for money damages if officials knew or should have known what was happening but failed to take appropriate action. When a student is a victim of severe bullying, because of his or her sexual orientation, immigrant status, religion, weight, or status as a special education or classified student, he or she can be protected under the Law Against Discrimination. Most schools are “public places” that must “provide the benefits of public accommodation without discrimination.” They must “reasonably respond” to complaints of “severe and pervasive” bullying or harassment, based on one of those characteristics.
About Mike Farhi
Mike Farhi began helping small and medium sized businesses soon after graduating from Seton Hall University School of Law more than 25 years ago. His practice focuses on employment law, which includes defending claims of discrimination (sexual,age, racial, national origin and disability), negotiating severance, non-compete and employment agreements, and handling wage and hour, unemployment and other wrongful termination claims. Mike also writes personnel policies and manuals for small businesses and advises them on employee relations.
For information, contact Mike Farhi at
201.488.7211.
For more information on Employment Law please see our Enewsletter.