When to Pick Up the Phone Before a Small Decision Becomes a Big Problem
There are many reasons to call your lawyer, big and small. Whether you’re changing your hiring plan, adjusting health benefits, or working through a termination, it’s smart to check in early with someone who knows your business. Here are a few moments where that call makes the difference.
You Decide to Terminate an Employee
If your gut tells you a termination could go sideways, trust it and call before you deliver the news. The risk usually comes down to timing and paper trail: did the employee recently complain about anything, are they in a protected class where a jury will ask “why now,” or does your documentation actually match the reason you’re giving. Any of those can turn a clean termination into a costly claim. We can also help you decide whether severance makes sense, since a well-drafted release can close the door on future claims.
You Respond to a Request for Employee Records
A records request can look routine, but if it’s coming from an attorney you don’t already know, assume they’re building a case. California law is specific about what you must produce, what you shouldn’t, and the deadlines you have to meet. Hand over too much and you may be helping build a case against you. Hand over too little and you risk penalties. Call before you respond.
You Respond to a Claim of Sexual/Workplace Harassment
How you respond to a harassment complaint matters as much as what actually happened. Under FEHA, a poorly run investigation can create liability on its own, even if the underlying claim is weak, meaning you can win the argument and still lose the case. Who investigates (HR, a neutral third party, or an attorney) carries real tradeoffs, and it’s far cheaper to get that process reviewed before you start than to fix it after.
You Implement an Alternative Work Schedule
Switching to a compressed schedule, like four ten-hour days, sounds simple, but California’s Labor Code has specific rules on how it’s adopted, including employee voting, notice, and recordkeeping. Miss a step and a routine scheduling change can turn into an overtime liability.
The bottom line: a quick phone call is almost always cheaper than the alternative. You don’t need the answers before you call, that’s our job. Catch it early, while there’s still room to make a good decision instead of just a fast one.
