Employment Law For Business Owners | A Business Valuation Podcast

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
1️⃣ 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.

2️⃣ 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.

3️⃣ 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.

4️⃣ 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.

5️⃣ 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.

This episode can answer these questions:

• What does “at-will employment” really mean for employers and employees?
• Can an employee still sue for wrongful termination in an at-will state?
• How can small business owners avoid wrongful termination lawsuits?
• What should be included in an employment contract for at-will employees?
• Are non-compete and non-solicitation agreements enforceable today?
• How does timing of termination affect wrongful termination claims?
• What documentation should employers keep before firing an employee?
• Can I include a mediation clause in an employment agreement?
• What are the new trends or changes in DEI and employment law?
• Should I offer a severance agreement to avoid employment lawsuits?
• How does the EEOC’s stance on DEI programs affect employers?
• What should employees do if they think they were wrongfully terminated?
• Do large or small businesses face more employment law claims?

Connect with Gary

Gary's Website

Melissa Gragg is a seasoned financial mediator and business valuation expert with over 20 years of experience. She specializes in helping couples and business partners navigate complex financial disputes during divorce and separation. As the founder of Bridge Valuation Partners and a key member of The Divorce Allies, Melissa offers neutral, third-party services including business valuations, pension assessments, income analysis, and strategic settlement planning. 

https://www.valuationmediation.com
https://www.thedivorceallies.com
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