As employment litigation claims continue to rise, companies throughout Massachusetts need to handle these issues in a swift manner if they wish to continue operating smoothly. Competition for the top employees within your industry and across multiple industries is only getting steeper, which means you cannot have employment litigation issues bogging you down. The experienced mediators from Shapiro Mediation Services can help resolve your employment issues before they reach litigation, helping you save time, money, and the relationship with the other party involved.
Employment Law Problems Facing Companies Today
The most common employment law problems companies in Massachusetts face today include the following:
- The Affordable Care Act and how it applies to different companies
- The Wage and Hour Law
- How employees use social media
- How your company uses independent contractors
- The presence of marijuana in the workplace
- Parental leave law and paid leave
- The Equal Pay Act
- Retaliation, harassment, and discrimination
- Visa holders and business immigration in the workplace
An employment dispute can arise without warning in any type of company with any amount of employees. It’s how your company responds to the dispute that helps you stay focused on business operations and keeping all parties involved pleased with the organization. Your response needs to be quick in order to get out in front of any issues involving any of the above laws or scenarios. The longer you wait for an issue to resolve itself, the more likely it is that your company will face a lawsuit, which costs time and money.
Wrongful Termination and Employment Litigation
As you might expect, wrongful termination is one of the most common reasons why companies are involved in employment litigation. Whether or not the claim has a basis to it is another issue in and of itself. However, when your company is faced with litigation due to a wrongful termination claim, you need to fight the claim quickly and efficiently with the help of an experienced business law attorney.
How Mediation Can Benefit Companies Facing Litigation
Mediation is an important alternate dispute resolution method utilized by companies in every industry no matter their size, reach, or number of employees. Mediation is much quicker than waiting for a trial to begin and is more affordable since there are no court fees and you only need legal representation for a short time. The benefits of mediation for a company facing litigation include the following:
- A quicker resolution process than going to trial
- Both parties can play a role in the outcome
- The parties involved decide on a settlement, not the mediator
- The option to go to trial is still on the table
- Mediation is confidential
- Evidence and transcripts from mediation cannot be used in a trial
- The parties involved set the pace of mediation, including when negotiation meetings will be held
- Mediation can help preserve the relationship between the two parties
Choosing mediation to avoid employment litigation can wind up saving your company in the long run, especially if the negotiation is between you and another partner. Mediation works best when it does not involve a group of people, but instead one person on each side. For example, if an employee claims you have discriminated against them due to their age, this can be resolved using mediation. If a group of employees who are not part of a union is involved in a dispute with your company, litigation might be the better option for resolving the problem.
What is ERISA?
ERISA is short for the Employment Retirement Income Security Act, which went into law in 1974. This is a federal law that creates minimum standards companies must follow when it comes to pension plans administered in private industries. ERISA is important for your company because it holds fiduciaries responsible for the proper management of retirement plans and other accounts. It also requires that companies be as transparent as possible when explaining the benefits of these plans to employees. Companies can quickly find themselves in the throes of litigation if it has violated any requirements of ERISA. With that in mind, it only emphasizes the need for an experienced Massachusetts mediation attorney before matters escalate to litigation.
Speak with Shapiro Mediation Services Today
If your company has been sued by another business, an employee, a contractor, or other entity, it’s important to speak to an experienced mediation team immediately. The team from Shapiro Mediation Services has decades of experience representing companies of all sizes in Massachusetts as they fight litigation against them or mediate disputes with their employees. Call our office at (339) 298-7733 to schedule a consultation at your earliest convenience.