Running a business is unpredictable. Legal preparedness is a cornerstone of successful business operations. It involves understanding and preparing for potential legal issues impacting your business.
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Drug and alcohol abuse costs U.S. companies billions of dollars every year. The use of drugs can pose a risk for people at work since there is an increased chance of on-the-job injuries and accidents. Drug screening and drug testing give both employees and employers the ability to make the workplace a productive and safe place. There are a number of benefits to why it makes sense for there to be drug screenings at work.
There are negative impacts to drug use at work and it is unsafe for the employees due to reduced reaction time, increased accident rates, and impaired decision making. Drug use during work time impairs judgment and can lead to double the amount of workers' compensation claims. Drug testing will allow for those who haven’t been using drugs to operate heavy machinery and handle sensitive workplace information to keep everyone safer.
Drugs come with a number of health risks. Screening can make for healthier individuals at your company and this benefits lives outside the office.
Employee drug use can decrease productivity because of absenteeism and low morale. Employee absenteeism is reduced by drug testing programs. Employees know that the company is committed to providing a safe work environment by drug screening, which also helps increase morale.
Drug testing benefits employers with lower costs for employees and promotes a better work culture. Doing pre-employment drug screenings is a way to reduce turnover due to drug use. If drug users aren’t able to perform duties on the job then many will either quit or end up fired. Turnover is costly to any company. Those who have had three or more jobs in five years are also twice as likely to use drugs. Having a drug-free workplace promotes a better positive work culture, and it makes your company a place where people want to work.
Your company is liable if an accident happens due to drug use since you didn’t provide a safe working environment. If you require your employees to go through drug screenings then you are able to identify those employees who could be a threat and protect your business from damaging lawsuits. If a worker is injured on the job then he or she is typically entitled to claim workers compensation to cover lost wages and medical bills. However, if you are able to prove that the employee uses drugs and is likely the cause of the accident then that employee may not be entitled to the benefits, which saves you money. It’s possible that you are worried you are going to be sued for wrongful termination if you fire an employee who fails a drug test but the test proves that the termination is justified and this can also save you from an expensive lawsuit.
If you are testing your current employees, it can be tempting to fire any worker that tests positive. However, you may use this as an opportunity to help get workers into treatment centers to offer compassion, instead of a punishment. Some companies even help families of employees with a drug problem and help them get the resources needed in order to cope. This can make your company stand out and promote a better work culture as well.
The benefits of drug screening outweigh the costs. The increased productivity and safety of your workplace make for a much healthier environment for your employees. Just noting that your company does perform drug testing is typically enough to dissuade drug use in your company. If workers need to decide between drug use and their livelihood then chances are they will make the right decision. In order to implement a drug testing policy, the company should understand who and when to drug test since there are different reasons for testing. Policies need to be clearly communicated to employees, along with any disciplinary consequences that happen for those who test positive or refuse to test. This written and clear policy needs to be shared with all employees and there should be employee education regarding the dangers of drug use.
There are a lot of things that employees and employers must deal with on a daily basis. But when the lines of employment cross negatively there will be some actions that will require the services of employment lawyers Hamilton. The federal and state laws govern some of what happens within the workplace. And depending on your role within the company, you might need the services of an employment lawyer.
If you are an employee and are wondering when a lawyer is needed to represent you, then here are some of the instances when their services will be needed.
You should hire an employment lawyer if you are being harassed, attacked, or even discriminated against by the company.
If you believe your termination was illegal and was based on illegal reasons.
A lawyer should be consulted before signing any agreement that you are being forced to sign.
You find out that the company has failed to pay any and all benefits to you that you are guaranteed to have by being an employee of the company.
There are many reasons why an employer would need to hire the service of an employment lawyer. They can help navigate companies through the mess of federal and state laws that companies have to abide by when dealing with employees. Some of those reasons can include:
Any type of representation that involves bargaining with employees or their lawyers over issues within the workplace or financial matters.
If you are the company has had a complaint filed related to discrimination or harassment against you.
You would need a lawyer if your employee has decided to sue you or bring any kind of action against you that is employment-based.
You would also need a lawyer if you are planning on firing a block of employees, remove benefits or even change retirement benefits.
Any other issue that involves legal matters and employment-based issues.
Employment lawyers are people that stand ready to help you navigate the issues of employee and company issues. In a perfect world, people would be able to work out their differences with fairness and grace. But in reality, there are many times when a third party is needed to help navigate and come to a balanced agreement that is fair for everyone involved and even answers all the questions from both sides.
If you have been injured in an accident and you are planning to take legal action, like most people, you probably have a lot of questions and concerns. One of the most common questions people asked that are considering filing a lawsuit is “what is the difference between a lawsuit and tort claims?” The more you have an understanding of the legal process and proceedings, the less stressful and overwhelming the experience will be.
There are a number of steps involved in tort actions, with the first step is bringing a tort claim, when means legal filing a response to one party that has breached the duty of care that is owed to another person, also known as negligence, or the intentional wronging of another person. A tort claim may be considered a strict liability, in which case intent or negligence is not a precondition. Wrongful death claims and personal injury claims are both types of tort actions. Once the tort claim has been filed, the liability party (usually their insurance provider) will determine whether or not a settlement should be paid and if so, how much compensation should be offered. If the settlement isn’t reached, the claimant may then file a lawsuit and your case will proceed to litigation and potential trial. It’s important to understand that tort claims don’t always become a lawsuit; in fact, about 90 percent of personal injury cases get resolved before going to court.
A tort is committed when someone commits civil wrongdoing that results in injury or death to another person. Tort claims can be related to either/or psychological or physical injuries, property damages, or financial loss. Although each type of tort claim is unique, all tort claims fall into one of three categories:
Intentional torts-An intentional tort, a civil wrong, happens when an alleged wrongdoer intentionally causes damage to someone else. For instance, common types of intentional tort may include misrepresentation, false imprisonment, battery, slander, or fraud.
Negligence-This is the most common basis for tort claims, which happens when one person breaches the legal duty of care that they are expected to provide another person. For instance, automobile drivers have a duty of care to other drivers on the road to follow the traffic laws and to avoid dangerous behavior.
Strict liability claim-Strict liability in tort law means the imposition of liability on someone without them finding of fault. For instance, strict liability applies to product liability or dog bites. You will not have to prove negligence or intent if strict liability applies to your case.
Although there are several types of civil lawsuits, the most common types include class action cases where several people are bringing an action for the same tort, civil lawsuits that are connected to real estate properties, such as property defect nondisclosure by a former property owner, contract action for breaches, such as the failure to perform according to the terms of a contract and family law issues, such as divorce, child custody, and child support.
No matter who you are, there's a good chance that you're going to need support at some point in your life. This could be as simple as needing a shoulder to lean on when things get tough, or it could be something more serious and complex. It's not something that many of us expect to have to deal with but there's a decent chance that there will come a time in many people's lives where they need some kind of legal support. The idea of having to hire a lawyer can be pretty scary for a lot of people but it doesn't have to be. There are a lot of reasons why you might need some kind of legal support. Here are just a few of them.
Counsel
Most people assume that they only need to talk to a lawyer when some kind of disaster has occurred but that's simply not the case. The truth is that a lot of the time the best thing that a lawyer can offer is advice and guidance on how to proceed in a certain situation. There are plenty of reasons to be in this kind of position. From buying a house to starting your own business, there are plenty of things in life that can be pretty difficult to navigate without the right kind of legal counsel.
Defense
We all make mistakes and poor decisions in our lives. Sometimes these decisions can be small and other times they can be pretty severe. If you find yourself in that kind of situation then you're obviously going to need legal representation. You might also be in the position where you haven't done anything wrong and you're just a victim of circumstances. Either way, you need to be sure that you have a lawyer who is able to defend you to the fullest possible extent and will ensure that you're treated with the right amount of fairness during the entire legal process.
Prosecution
Falling victim to something, whether it's a crime or an accident because of someone else's carelessness, can be an incredibly traumatic situation. Because of that, you want to be sure that you're able to get justice and legal representation is essential in doing that. Whether you need a lawyer to help you prosecute a criminal or if you're better suited by someone like Rosenfeld Injury Lawyers, the right legal support can get you the justice that you need. That way you're going to be in a much better situation to move on from whatever it is that happened.
Of course, this is just a small selection of the reasons why you might find yourself in a position where you need some kind of legal support. The truth is that there are all sorts of reasons from financial problems to family issues. The most important thing to remember is that, as scary as many of these things can be, there is always support out there available to you if you really need it.
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