Phoenix Employment Lawyers
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Legal Services Offered by Our On-Demand Phoenix Employment Attorneys
Our experienced Phoenix employment attorneys & lawyers can help guide you on how to proceed with various employee decisions such as reviewing employee documents such as contracts, agreements, policies, and handbooks, along with difficult decisions such as firing, lawsuits, claims, and complaints.
Although not every single employment contract will require legal assistance, many employment lawyers would recommend avoiding unilateral employment contracts that strongly benefit one side over the other. These types of employee contracts rarely hold up in court, yet having the funds needed to combat an issue in court can limit the employee’s options.
A confidentiality agreement and a non-compete agreement are common forms of employee contracts that one of our Phoenix employment attorneys can help customize for your business. If your business needs to fire an employee, proper measures should be taken from a business legal standpoint to ensure proper communication and a smooth transition of dismissing that employee. In any case, we suggest you connect with our employment attorneys to discuss your options.
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- 5 min read
Non-Compete Clause: What Is It?
A non-compete clause prohibits any employee from using the skills and knowledge used or gained at your workplace for a set period of time after their employment, either by working for a competitor, or by recruiting business from current clients. It is written into an employee's contract when they sign on with your company or when they leave your company.
Many employers add non-compete clauses to employee contracts. These clauses protect businesses, but are controversial. Also, they may not be enforceable in all places.
Non-compete clauses are traditional at jobs where workers are highly skilled or do very specialized work. However, more and more businesses include non-compete clauses in contracts, even if employees' tasks are not technical
- 4 min read
What are Authorized Shares?
Authorized shares are the number of stock shares a company may issue to investors or employees at the time they incorporate and stock shares that the company board of directors may issue later as specified in the Articles of Incorporation.
Why Is Getting the Number of Authorized Shares Right Important?
Authorized shares can be issued when a company asks for financing. They may also be issued as a benefit for key employees. Usually, the number of shares that are authorized is much more than what is actually needed. This is to allow the company to issue stocks in the future when needed (as employee perks or perhaps as a secondary offering to raise more money). A company may refrain from issuing all of its authorized shares to maintain a controlling interest in the company and therefore prevent a hostile takeover.
The number of authorized shares can be changed by sh
- 2 min read
Enacted in 1993, the Family and Medical Leave Act (FMLA) requires certain employers to provide unpaid, job-protected leave for qualifying medical and family situations.
FMLA mandates that employees of all genders receive at least 12 weeks of unpaid, job-protected leave within 12 months of giving birth, adopting a child or becoming a foster parent. Employees affected by personal or family illnesses are also protected under FMLA.
Employees with immediate family affected by military service (e.g., called to active duty or injured in the line of duty) may take 12 to 26 weeks of unpaid, job-protected leave depending on the circumstances.
Employees may also receive FMLA leave leading up to a pregnancy if they suffer from a related “serious health condition” that requires inpatient medical care or ongoing treatment by a healthcare provider. This includes severe morning sickness.
However, employers can require employees use
- 2 min read
The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 to protect workers and their families by limiting new employers from excluding coverage for preexisting conditions, banning discrimination against employees and their dependent family members based on any preexisting conditions, and providing new rights to individuals who lose their coverage to enroll in a group health plan.
HIPAA also protects patients’ paper and electronically stored medical information through the Privacy Rule and the Security Rule, which were implemented by the U.S. Department of Health and Human Services (HHS).
HIPAA Violation Enforcement
The HHS, Office for Civil Rights (OCR) is the HIPAA enforcement agency that investigates any complaints filed regarding HIPAA violations. If the OCR finds that a HIPAA violation has taken place, the OCR will d
- 14 min read
What is an Employee Handbook
An employee handbook is a collection of a company's policies and rules of conduct.
A typical employee handbook focuses on policies to follow and lists out what employees cannot do. The employee handbook helps to protect the legal rights and responsibilities of the business, the business owner, and the employee. The employee's rights are sometimes left out of the employee handbook.
An employee handbook can also be used to give a new employee a great first impression of the company. The employee handbook can communicate the company culture and positive benefits as well as policies.
The employee handbook makes sure that each employee understand the expectations of the company. This understanding allows each person to work together as a cohesive team.
The employee handbook can help prevent miscommunication with the team. Typically, a new employee is required to read the manual in the first few weeks