LABOR & EMPLOYMENT

PRACTICE AREA / UTAH EMPLOYMENT ATTORNEYS

Labor and employment laws affect every area of a business. Our employment lawyers represent large and small businesses in court, during investigations and throughout the mediation process. In addition, we prepare all documents and contracts necessary to run your organization.

UTAH EMPLOYMENT LAW

We represent our clients in all federal, state and appellate courts and administrative agencies when disputes arise involving employment or workplace claims. Our employment lawyers offer both consulting and litigation services to meet all of our clients’ needs.

Documents & Contracts

  • Employment Agreements
  • Non-Competes
  • Sales Contracts

Internal & External Investigations

  • Civil Rights
  • Harassment
  • Retaliation
  • Wage & Hour

Mediation & Litigation

  • Internal Dispute Resolution
  • External Business Negotiations

Audits, Compliance & Training

  • In-house Employment Training
  • Documentation Evaluation
  • Employment Law Compliance Review

RECENT EMPLOYMENT LAW UPDATES

EMPLOYMENT ATTORNEYS AT RICHARDS BRANDT IN SALT LAKE CITY

Documents & Contracts

There is a time and place for written agreements, employers are asked to put ideas and commitments in writing almost daily. As an employer, you have to be aware of the legal risks and requirements of employment contracts, severance agreements, sales contracts and commissions’ agreements.

Employment documents are essential at every stage of the employment process beginning with posting an open position, during the interview process, throughout the employment relationship, and at the time of termination. Employment forms, such as applications, background check authorizations, non-disclosure agreements, as well as all written and verbal terms and conditions of employment may require specific documentation. These documents have a place in the employment file. Laws surrounding employment records and access to these records vary by state.

Hiring consultants and independent contractors sets up a unique employment situation, all agreed upon terms should be made in writing. In many cases signed non-solicitation and confidentiality agreements will protect your company’s trade secrets

An attorney should review any document that both you and your employee/contractor sign, especially those that dictate the terms and conditions of your professional relationship and/or compensation.

Internal & External Investigations

Employment investigations, regardless the issue, must be managed carefully. Employers are frequently required to conduct investigations of misconduct in the workplace. Independent, prompt and thorough investigation of a harassment or discrimination claim is crucial. An incomplete, inaccurate or biased investigation can actually aggravate the problem and increase the employer’s potential liability.

Our experienced employment attorneys will guide you through the investigation process or can perform the investigation at your direction.

Internal theft, drug abuse, workplace violence, sexual harassment, discrimination, fraudulent workers’ compensation claims, and other issues impact a company’s financials, as well as morale, productivity, and your company’s reputation. We will work with you throughout the investigation or at any point in an investigation to achieve a favorable outcome.

We have successfully represented our clients in a wide range of employment cases including:

  • Non-Compete
  • Privacy in the Workplace
  • Statutory and Common Law Claims
  • Trade Secrets
  • Unemployment
  • Wage and Hour Claims
  • Sexual and Other Workplace Harassment
  • Civil Rights & Discrimination (race, religion, disability, gender, etc.)
  • Drug/Alcohol Use in the Workplace
  • Threatening or Violent Behavior
  • Theft of Property
  • Employee/Supervisor Misconduct
  • Retaliation
  • ADA Compliance
  • Sexual Harassment
  • Workplace Safety
  • Hiring Procedures
  • Corrective Action and Termination
  • Contesting or Using Performance Appraisals against an Employer

Assistance with Difficult Terminations

One of the more difficult responsibilities an employer has is to terminate an employee. Although the laws are written to protect the majority of employees in this country, employers have a strong position under the law to hire and fire whomever they want, for any reason–not protected under the law–or for no reason at all. Distinguishing in and among these laws is tricky. If you have a question about the circumstances of a termination, call us directly, in many cases, we can answer your question in just a few minutes.

Mediation & Litigation

It is always best to resolve a conflict quickly and with little disruption to your business. Often time’s mediation will not only result in a mutually satisfactory compromise but it also allows all parties to be heard. Employees who want to be heard appreciate working with a mediator to resolve an issue with their employer. We have successfully helped companies mediate issues with employees so all parties are able to get back to the business at hand, often in a more productive work environment.

Mediation as well as arbitration are also effective when your company needs representation to respond to a complaint filed against your company or one of its supervisors. We have worked with the EEOC, Labor Commission, Department of Human Rights, DOL, OSHA and USCIS to resolve employment related issues. We have negotiated settlements and reduced fines for our clients.

If the decision is made to go to court, your company’s best chance at winning the case is to have one of the most experienced trial attorneys in Utah. Our attorneys have been working on behalf of employers in the intermountain west for decades.

Audits, Compliance & Training

Auditing employment records can be as easy as doing a quick spot-check to be sure you have the necessary documents in place, we also perform detailed examinations of those documents to ensure your company is in compliance with the applicable laws. Enforcement agencies can audit almost any issue or subject matter. Our systematic and independent examination of data, documents, records, and employment practices is a critical step in creating a strong defensible position for your company. Equally important, an audit assures stakeholders that you have taken every step to evaluate and improve the effectiveness of your risk management plan.

Compliance does not only mean conforming to a rule, policy, regulation or law, it is also a tool for attracting and retaining employees. Employers who provide the best places to work, regardless of industry, generally have the most productive employees. Employees want a safe workplace, want to be able to count on their supervisors and want the company’s rules and guidelines administered consistently.

Regulatory compliance is a goal that every company strives for; complying with relevant laws and regulations creates an environment where supervisors and employees can be successful. This is difficult with the increasing number of regulations companies are expected to follow, especially when those laws conflict with each other. Our attorneys approach compliance with consideration for your business; regulations can be met without the unnecessary duplication of effort and activity from your limited resources.

Ongoing training and reinforcing specific guidelines is necessary for your employees’ success and makes up a significant portion of regulatory compliance under the law. Training is the acquisition of information, skills, and competencies as a result of receiving information that relates to specific useful knowledge. Our attorneys work with you to identify what your supervisors and employees need to know to be successful, and practices they must adopt in order to protect the organization as a whole.

Additional Resources

www.eeoc.gov

www.laborcommission.utah.gov

www.dol.gov

www.uscis.gov

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FREQUENTLY ASKED QUESTIONS (FAQS)

BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE / FEATURED FAQS

Answered by:

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

Answered by:

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

Answered by:

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

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BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE – CASE STUDIES

Utah Manufacturing Company Needed Employment Contracts For Key Staffers

Utah Construction Company Needed Planning For Business Growth & Protection

Utah Family Enterprise Needed Guidance and Representation to Sell Business

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Richards Brandt has been serving clients throughout the state of Utah and the Intermountain West for more than 40 years.

We are highly regarded in each of our practice areas, and our attorneys are recognized both in Utah and nationally for our commitment to the representation of our clients’ interests.

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