When Should Employers Hire Legal Counsel?

By Benjy Schirm, J.D. | Reviewed by Canaan Suitt, J.D. | Last updated on August 26, 2026 Featuring practical insights from contributing attorney Erinn L. Rigney

If you own a business with employees, or are contemplating adding more employees to your established business, you should probably have already reached out to an attorney.

“Labor and employment is a very unique practice area of the law. On top of generalized employment litigation, we spend a decent amount of time counseling companies with their concerns to prevent legal issues from arising,” says Erinn Rigney, an employment lawyer at K&L Gates in Chicago.

“Business owners should be just as proactive in preventing issues through policy and training, as well as actively addressing any legal action that comes up.”

For personalized legal advice, reach out to an employment law attorney in your area.

Laws and Regulations Shape All Aspects of Being an Employer and Running a Business

Any time you consider changes in someone’s employment status, benefits, or policies, laws and regulations come into play. Practically speaking, before implementing a new policy or even beginning a business, it’s important that you consider all of the intricacies of employment law.

“There are many federal laws as well as state laws that can sometimes trip companies up,” says Rigney.

Be certain to contact a law firm with a reputable and experienced employment lawyer for legal advice about employment issues, if you have an employee handbook or a vacation policy, or to ensure you’re compliant with state and federal wage and hour laws. You want to make sure you engage in these procedures in full compliance with all labor laws.

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You’ll also want to contact an employment attorney for legal help if you’ve received a communication from a plaintiff’s lawyer.

“You want legal help if you’re notified of workplace discrimination or wrongful termination charges being brought against you or your business,” Rigney says. “Charges can include discrimination from a federal agency or any other employment lawsuits that name you or your business as a defendant.”

This is perhaps the most obvious time to call an attorney for help. Hopefully, if this happens, you will have already met and begun a client relationship with an attorney who knows your business inside and out.

Business owners should be just as proactive in preventing issues through policy and training, as well as actively addressing any legal action that comes up.

Erinn L. Rigney

Factors That Help Determine the Cost of an Employment Dispute

One of the biggest concerns for business owners in an employment dispute is cost. Unfortunately, the overall cost of an employment dispute is extremely difficult to estimate.

“There is no one-size-fits-all approach to employment cases,” says Rigney. “Sometimes, it’s an informal discussion between the parties, or a mediation. Other times, a judge is needed, and the full court process begins. It is always specific to how many individuals, the type of issues involved, and many other factors that determine the best course of action.”

Amicably Resolving an Employment Dispute

Normally, when one party sues another party, they resolve the issue and go their separate ways. In an employment dispute, however, the opposite is often true. The parties often want to resolve the conflict and continue working together.

“This is probably the most human area of the law,” says Rigney. “People spend a lot of time at work. Oftentimes, a job is a very defining characteristic of a person. Understanding that, and helping to resolve workplace issues and proactively prevent issues from arising can really change people’s lives.”

Visit the Super Lawyers directory to find an experienced employment law attorney.

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