We are often asked why a business shouldn’t download forms from a legal forms site, and just modify them internally. Employment contracts are a prime example in this conversation. Well crafted employment contracts protect San Diego employers. The two greatest risks facing San Diego employers are the misclassification of employees as independent contractors, and a sharp increase in the number of employer retaliation making their way through San Diego Courts.
Both of these issues carry penalties, interest and back compensation that can literally end the life of a small to mid-sized business. The larger the number of employees or workers you manage, the greater your exposure. Forms sites are not aware of the new Fair Pay Act that went into effect January 1, and the impact that will have on employment contracts, employee manuals, as well as internal policies and procedures.
Retaliation is a much easier legal bar, and attorneys are taking these cases on a contingency fee basis as they carry substantial rate of return and huge potential settlements or judgments. Employers must have specific strategies to eliminate exposure to assertions of retaliation, especially as it relates to genuine employee performance and disciplinary actions. Downloaded forms do not protect you from threats, they do not provide insight into the law and they do not reflect changes that are unique to California and recent changes to our employment laws.
They will not keep you abreast of the changes and inform you as to the actions you need to take as an employer to remain in compliance and reduce the risk of legal liability and exposure. The experienced legal team at Allen Barron are definitely able to provide legal forms, employment contracts, as well as policies and procedures in an efficient and cost-effective manner. We also provide business counsel to our clients to help protect their businesses and reduce or eliminate disputes and litigation. If you have employees or independent contractors you have a genuine exposure. Effectively crafted and implemented employment contracts protect San Diego employers. Downloaded forms actually increase your risks.