Employment Law: Don't Neglect Obligations and Don't Go it Alone

In our latest episode of the Twinning Strategy Podcast, attorney Elisa Filman from Rodman Employment Law shared her insights on employment law, touching on critical topics that small and medium-sized businesses often overlook. With the end of the year approaching, she emphasized the heightened activity in the realm of employment law, as businesses make important decisions regarding their workforce for the coming year. This period often sees changes like layoffs, end-of-year assessments, and a flurry of holiday parties—events that can sometimes lead to unintended legal consequences, especially concerning workplace conduct during such celebrations. Elisa mentioned that the frequency of sexual harassment complaints tends to rise post-holiday parties, highlighting the need for professional and appropriate behavior even in festive environments.

The conversation took a fascinating turn when exploring the dynamic landscape of remote work and hybrid systems. Elisa pointed out the challenges faced by employees who are suddenly required to return to the office. She explained that while companies have the latitude to call employees back, the nuances of employment agreements and individual circumstances can complicate this situation. It’s important for employees to understand their rights and for employers to navigate these waters carefully to avoid potential legal issues.

The discussion also delved into the notion of middle management, particularly how ineffective leadership can lead to legal pitfalls. Elisa underlined the necessity for proper training within organizations, particularly concerning compliance with employment laws. Often, middle managers are the first point of contact for employee concerns and can inadvertently expose their companies to liability through mismanagement or lack of proper response to employee disclosures about mental health or workplace issues.

One significant takeaway from Elisa’s insights pertains to the importance of having a robust employee handbook tailored to the company culture. Without clear policies, employers face difficulties when trying to address infractions or complaints. Therefore, businesses should prioritize developing comprehensive handbooks that reflect their values and comply with state laws to safeguard against legal repercussions.

Furthermore, the discussion navigated the complicated realm of non-compete agreements, especially in light of recent legal developments in Massachusetts. Elisa explained that businesses need to tread cautiously when instituting these contracts, ensuring they comply with statutory requirements to remain enforceable. The complexities surrounding remote work and jurisdictional laws further highlight the importance for businesses to seek proper legal counsel as they expand.

As the conversation wrapped up, Alisa left the audience with a vital piece of advice: “You don’t know what you don’t know." This statement underscores the significance of hiring knowledgeable professionals to navigate the intricate world of employment law, especially in a rapidly changing work environment. 

In sum, small and medium-sized businesses face numerous challenges as they scale, and understanding the nuances of employment law is crucial to their success. The conversation encouraged a proactive approach to legal management, emphasizing the need for education, compliance, and a commitment to creating supportive workplace environments.

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