In Texas, over 98% of firms with employees are considered small businesses. Small, however, does not mean insignificant, nor does it mean that a small business will only face small problems.
As a small business owner ourselves, we understand the problems and frustrations that small business owners face. We pride ourselves in treating each owner in a way that we would expect to be treated ourselves and we understand the importance of finding cost-effective solutions to the problems that threaten your profitability.
We can assist your businesses with managing or resolving risk and/or liability in the following areas:
- Litigation:
- Aggressive representation in State and Federal Courts
- Transactional Services:
- Drafting and negotiating non-compete, non-solicitation and trade secret agreements
- Contract review, analysis, drafting, enforcement and negotiation.
- Employment Law:
- Employee handbook review, editing and drafting
- Representation before the Texas Workforce Commission, defending EEOC claims and litigation in state and federal courts
- Wrongful Termination Claims
- Employment Discrimination Claims
- Wage and Hour claims
- Family and Medical Leave Act (FMLA) Issues
- Legal Malpractice
Protection Against Employment Discrimination Liability
As a business owner, you need to make sure that your employment policies will not make you liable for discrimination. We can review your employment policies to ensure that they are inline with accepted standards of practice and in compliance with the law. When the need arises to lay-off or fire a member (or members) of your workforce, our attorneys can provide pretermination advice to ensure that the termination is not discriminatory in nature. If you find yourself in the unfortunate position of having been accused of harassment or discrimination, our experienced employment litigation attorneys can provide you with skilled representation.
Call 281-667-9414 or email an experienced employment attorney at Law Offices of Steven A. Hershkowitz for a free consultation.
Family and Medical Leave Act (FMLA) Issues
Under FMLA an eligible employee is entitled to take twelve weeks of unpaid leave within a 12-month period for the following reasons:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job; and
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
FMLA also has provisions for the care of service members.
In today’s tough economic times, employee absences due to Family and Medical Leave Act (FMLA) requests can often put a small business in a difficult situation. Our attorneys can advise you regarding the proper actions you may take to protect the continued operation of your business when a key employee has asked for FMLA leave. By getting sound legal advice, you can protect your business from huge expenses later on. A wrongful termination could make you liable for damages. Call 281-667-9414 or email the Small Business, Employment Litigation attorneys at Law Offices of Steven A. Hershkowitz if you have any questions or need help regarding an FMLA issue.
Employee Handbooks – Policy Manuals – Employee Manuals:
Drafting, Educating and Implementing:
Employee handbooks should, at the very least, provide information on the following:
- The company’s mission statement, philosophy, goals and values;
- An Equal Employment Opportunity Statement;
- General Policies regarding attendance, appearance, use of company property and break periods;
- Harassment and termination policies;
- Procedures for reporting discrimination or harassment;
- Compensation and benefit policies;
- Vacation, holiday and leave of absence policies;
- Confidentiality
- Compliance and Regulatory requirements;
At the law office of Law Offices of Steven A. Hershkowitz we not only draft and review employee handbooks but we also educate your managers to ensure that the members of your company know how to follow procedures.
Additionally, all employees should be required to sign a form acknowledging that they have received, read and understand its contents and all supervisors should be trained with regard to the implementation of its policies and procedures.
Updating:
When laws change, so should your employee handbooks. What was current last year, may not comply with what is required this one. In order to ensure compliance with current laws, the attorneys at Law Offices of Steven A. Hershkowitz can review your employee handbook and bring your materials current to avoid unwanted liability.
Call 281-667-9414 or email an experienced employee handbook attorney at Law Offices of Steven A. Hershkowitz for a free consultation.