It might be worth hiring a lawyer to represent you if any of the following occur:

• The employee raises serious claims that could result in a large award of damages against you.
• Other employees or former employees have made similar allegations, either to the agency or within the workplace.
• The employee has indicated that he or she intends to file a lawsuit (in this situation, the employee may just be using the administrative proceeding to gather evidence to use against you in court).
• The employee has hired a lawyer.

Reviewing Documents

Contracts and agreements. A lawyer can quickly review and troubleshoot employment-related agreements you routinely use with your workers, such as employment contracts, severance agreements, or releases. A lawyer can check your contracts to make sure that they contain all the necessary legal terms and will be enforced by a court. If you have included any language that might cause problems later, or if you have gone beyond what the law requires of you, a lawyer can draw these issues to your attention. And a lawyer can give you advice about when to use these contracts -- for example, you may not want to give severance to every departing employee or enter into an employment contract with every new worker.

Policies and handbooks. You can also ask a lawyer to give your employee handbook or personnel policies a thorough legal review. First and foremost, a lawyer can make sure that your policies don't violate laws regarding overtime pay, family leave, final paychecks, or occupational safety and health, to name a few. A lawyer can also check for language that might create unintended obligations towards your employees. And a lawyer might advise you to consider additional policies. (For help creating an employee handbook -- including sample language you can modify to fit your workplace -- see Create Your Own Employee Handbook, by attorneys Lisa Guerin and Amy DelPo (Nolo).

Next Steps

If you have decided that it might be wise to speak to a lawyer, your next step is to find a good one. For tips and information on finding an attorney, read How to Find an Excellent Lawyer. For detailed advice on every stage of a civil lawsuit, from finding a lawyer to filing an appeal, see The Lawsuit Survival Guide, by attorney Joseph L. Matthews (Nolo).