Employment Law For Business Owners
Employment Law For Business Owners with Gary Martoccio - Business Valuation Podcast Video Series | Valuation Expert Melissa Gragg
Welcome to ValuationPodcast.com, your go-to podcast and video series for all things business and valuation. I’m your host, Melissa Gragg, a valuation mediator and expert based in St. Louis, Missouri. In this episode, I’m joined by Gary Martoccio, a seasoned employment attorney representing employees across nine states, based in Tampa, Florida.
Today, we dive deep into employment law for business owners, exploring how to proactively prevent employment-related claims, what at-will employment really means, the nuances of employee contracts, and practical steps both employers and employees can take to protect their interests. We also discuss the evolving landscape around DEI programs, remote work accommodations, and how recent shifts in enforcement by the EEOC may impact your business or career.
Key Takeaways
At-Will Employment Isn’t Absolute
Employers can terminate employees without cause in at-will states, but discrimination, retaliation, and statutory protections (like FMLA) still create liability if mishandled.
Proper Documentation Protects Employers
Maintaining clear records of performance issues, warnings, and objective reasons for termination can greatly reduce the risk of wrongful termination claims.
Severance Agreements & Mediation Clauses Can Help
Offering severance with a release of claims or requiring mediation in contracts are proactive ways to resolve disputes before they escalate.
Treatment of Departing Employees Matters
How you handle terminations — including being respectful, not contesting unemployment, and giving neutral references — can deter former employees from pursuing claims.
DEI and Remote Work Laws Are Evolving
Shifts in the EEOC’s enforcement priorities around diversity programs and remote work accommodations mean employers need to stay informed and adjust practices accordingly.
Q&As:
1. What is at-will employment—and does it protect employers from lawsuits?
At-will employment means either party can end the job at any time for any legal reason. But it doesn’t protect employers from lawsuits involving discrimination, retaliation, or leave violations.
2. How can small business owners avoid wrongful termination claims?
Document everything, apply policies consistently, avoid firing after complaints or leave, consult HR or legal, and consider severance agreements to reduce legal risk.
3. Are performance improvement plans (PIPs) legally useful?
Yes—if they’re fair and well-documented. A solid PIP shows good faith. Fake or overly harsh PIPs can increase liability.
4. Should employers offer severance agreements?
Often yes. A severance with a legal release can prevent future claims. The offer amount depends on risk and company policy.
5. What should employers document before firing someone?
Keep records of warnings, absences, performance issues, policy violations, and any coaching. Good documentation is key to defending your decision.
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