Establishing Company Policies

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Questions About Establishing Company Policies?

Modesto Business Law Attorney Protects Companies from Employee Lawsuits

Owning and operating a business is demanding. Usually, owners have concerns about making the next sale to grow their business. Unfortunately, outside factors like sales may prevent business owners from fully considering or establishing internal company policies that can protect against a lawsuit, especially as a company grows. Without proper company policies, you may face a lawsuit from an employee, which can result in substantial legal fees, even if you win your trial. Moreover, the impact of a lawsuit goes beyond finances. An employee lawsuit is time consuming, unpredictable and stressful, and it can hurt your reputation However, you can decrease the chance of facing such claims with the assistance of a Modesto business law attorney.

The attorneys at Arata, Swingle, Van Egmond & Heitlinger help California businesses draft and administer company policies. We know you want to have policies and procedures in place that ensure a safe, empowering, organized, and nondiscriminatory workplace. On the other hand, we know that it is inefficient to create a large volume of policies that control your employees. After all, it is impossible to write a policy for every expected behavior. A Modesto employment law attorney from our team can help you draft policies that communicate your goals and address inappropriate employee conduct.

What Company Policies Protect Employers from Liability?

Your business needs to adhere to California’s employment laws. Likewise, you have a responsibility to protect your company and assets. As a result, clearly explained acceptable conduct can protect you from an employee lawsuit. Additionally, policies can make your employees confident that you will take appropriate and immediate action. Since every business is unique, you should have a lawyer review your policies. Still, there are some common policies that can protect you from liability, some involving:

  • Anti-Discrimination: Discrimination claims are one of the most common reasons for an employee lawsuit. Thankfully, a well-crafted employment discrimination policy can mitigate risk. Your policy should communicate how you will handle discrimination, harassment, retaliation and employee complaints. Furthermore, it should discuss that retaliation can be a form of discrimination.
  • Wage and Hour: Failure to pay for compensable time can result in a lawsuit. Thus, you should have review policies in place. These involve employee classifications, relationships, timekeeping, overtime and payroll.
  • Complaint Process: Your policies should state that you will protect the confidentiality of harassment complaints when possible. Furthermore, your policy should state that you will address concerns immediately and they may be subject to an impartial investigation.
  • Safety: Clearly stating safety rules and procedures can protect your business from a lawsuit. Additionally, your policy should outline how to report injuries.

When Do I Need an Employment Law Attorney?

There are many situations where a Modesto employment or business law attorney can mitigate the risk of employee lawsuits. If you are just starting your company, then an attorney can help draft incorporation documents. As a result, you are free to focus on other aspects of your business. Furthermore, a lawyer can make sure specific tasks are completed according to law. This can involve reviewing lease documents and drafting agreements. Startups, private, public, family-owned and other businesses should also contact a lawyer if they are involved in an employee lawsuit.

It can be almost impossible to have a favorable result if you are sued by an employee and do not have legal representation. A Modesto employment law attorney will know how to negotiate and settle your case, or, if necessary, present documents and witnesses to the court and jury. Furthermore, a lawyer can clearly explain your rights and proper actions to take. If you are involved in an employee lawsuit, then our law firm can help you build a defense. Finally, we can help you maintain and update policies and train managers to avoid future legal issues.

Lawsuit or Policy Questions? Call for a Consultation

Is an employee claiming harassment in the workplace? Questions about employer liability? Want to prevent future legal issues with well drafted company policies? Unfortunately, employee lawsuits are a reality for many employers when policies are not clear. However, a Modesto employment law attorney can reduce the chance of a lawsuit being filed against you. Thankfully, the steps you need to take are simple. Instead of navigating confusing and ever-changing business law issues alone, contact our firm.

A Modesto employment or business law attorney at Arata, Swingle, Van Egmond & Heitlinger can help you protect your assets by formulating comprehensive company policies. Our diverse practice allows us to focus on any area of your company. We can investigate complaints and practices, review new Human Resources policies and change your business structure if necessary. As a result, you can work to prevent problems and reduce risk. 


If you have questions about your policies or are in a lawsuit, then we can help. Contact Arata, Swingle, Van Egmond & Heitlinger at (209) 340-1110 or through our website.


“This firm exemplifies how a multi-faceted group of attorneys can work together to achieve positive results.”

- James M.
Case Results

We fight tirelessly to make sure we gain the best possible results for our clients.

  • Broadside Motor Vehicle Accident

    Recovered the policy limits when client was broadsided in an intersection.

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  • Business Dispute

    Recovered $3,300,000 in buy-out and settlement of minority business owners in breach of fiduciary duty obligations of entity management action.

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  • Business Dispute

    Recovered $1,200,000 in income producing property in family business dispute action alleging fraud and breach of fiduciary against majority owner family members wherein all income payments and distributions to client had ceased for multiple years.

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  • Car Accident

    $8,500,000 recovery. Client was rear-ended on the freeway and suffered catastrophic injuries.

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  • Dog Bite

    Plaintiff was bitten on the hand by his employer’s dog.

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