Why You Might Want an Employment Lawyer for Your Small Business?

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Why You Might Want an Employment Lawyer for Your Small Business?

Being a small business owner in Minnesota is challenging, especially with a steady stream of new employment regulations to comply with. A single misstep in the rules could land a small business in real trouble. 

“Many small business owners ask if they need to hire an employment attorney before they get into trouble. The answer is almost always yes. A good employment attorney is a great way to create policies that actually make sense in relation to the regulations,” says Minneapolis employment lawyer Shawn Wanta of Wanta Thome PLC.

Here are the main reasons why calling an employment lawyer makes sense.

Preventing Wage and Hour Problems 

A single misstep in wage and hour laws can negate a year’s profits for a small business in Minnesota. A knowledgeable employment law attorney can advise your business on your current wage and hour practices and avoid potential complaints to the Minnesota Department of Labor and Industry and/or a class-action lawsuit.

The assumption is that a salary-based employee is exempt, that a contractor is a contractor forever, etc. These assumptions are often legally incorrect. The truth is, if you get something wrong, you are going to spend a lot more to fix it than you would have if you had just reviewed things to begin with.

Cutting Your Risk When Terminating or Disciplining Employees  

Having a lawyer create and review your policies reduces the risk that a terminated employee can claim discrimination, retaliation, or failure to provide a disability accommodation. In addition, with adequate documentation, you have negotiating power at an unemployment hearing. 

If your documentation is poor, you risk higher costs and more benefits. Lawyers can also assist with employee separation agreements and provide your managers with training on documenting problems as they arise.

Avoiding Leave Law Violations Across Minnesota 

Minnesota’s leave laws do not remain the same for long. An employment lawyer determines the applicable laws to you and your business, and then sorts out the employee handbook, timekeeping, and managerial issues.

That way, you avoid messy issues such as your supervisor deciding things on the fly, granting or withholding a day off without a paper trail, or someone attempting to use a discrimination or workers’ comp case as a basis to deny a leave request.

Having a clear process in place helps you catch any issues with paying workers on time, reduce potential retaliation complaints, and ensure you’re ready in case an agency comes knocking on your door.

Use Contract Language That Holds Up in Minnesota Courts

Solid agreements protect your business well before any argument begins. An employment attorney can write offer letters, employee handbooks, confidentiality provisions, and non-solicitation clauses that comply with Minnesota law, including the 2023 noncompete restrictions.

Clearing these issues reduces conflict over commissions, bonuses, remote work, and who owns the customer list. When an employee leaves, strong non-compete restrictions allow you to take swift action to prevent a competitor from poaching that employee.

Plus, your contract will be free of illegal provisions that will attract the attention of agencies and will be dead in court years from now.

Choosing the Right Engagement with an Employment Lawyer

Most small businesses in Minnesota do not have an in-house lawyer. Instead, they usually call for assistance when they need it. Small businesses should consider having a lawyer look at their employee handbook, wages, and some templates. Then, small businesses can choose to have their lawyers bill them by the hour when needed.

But if hiring is an ongoing process for you, disciplinary issues are everyday concerns, and handling leave requests is common, a monthly retainer would be the better option.

When looking for an employment lawyer, make sure they know Minnesota law inside and out. Find out how quickly they get back to you, their conflict resolution, and their fee structure. A good attorney does more than prevent you from getting in trouble. They make dealing with the law a lot less stressful.