Legal DIY or lawyer up? Which employment law issues can you tackle (and which ones need a pro)?

If you run a business, chances are you’ve worn more hats than you can count.

Some tasks you can knock out on your own with a little help from templates or software. And AI tools provide access to quick and easy but often wrong answers. When it comes to legal matters — especially around employment law — it’s not always clear where that do-it-yourself line ends.

This guide helps you figure out which tasks you can usually handle on your own, and which ones are better left to your lawyer.

1. Drafting an employee handbook

What you can do: Use a trusted template or HR platform to outline things like PTO, dress code, and attendance.
When to call a lawyer: If you’re operating in an environment where state and federal law conflict, or writing policies around harassment, wage and hour laws, at-will employment, or discipline, it’s time to loop in your legal team. These policies need to hold up in the real world — not just on paper.

2. Managing performance

What you can do: You can track performance, hold regular reviews, and support employees’ growth. Mentoring and creating a performance-focused work culture is something only you can shape.
When to call a lawyer: If termination is on the table and there are any concerns bump up against protected categories like age or disability, don’t wing it. Your lawyer can help you spot (and avoid) legal landmines.

3. Handling time off and sick leave

What you can do: You can keep track of employee absences and apply basic leave policies. These routine tasks typically do not require legal support.
When to call a lawyer: When you’re dealing with medical leave, pregnancy accommodations, or disability-related requests, the law gets tricky. A 15-minute call to your lawyer can save you a major headache (and a potential claim).

4. Hiring and onboarding

What you can do: You can post job ads, screen applicants, and hold interviews. If you have an HR department, this will likely fall within their scope.
When to call a lawyer: When it comes to writing employment agreements, understand state job posting disclosure laws,or handling immigration matters, legal review is smart. You can complete much of the process yourself, but having a lawyer review your agreements ensures you’re on solid legal ground.

5. Workplace investigations

What you can do: You can start gathering facts when an issue comes up. A well-prepared HR team is your first line of defense.
When to call a lawyer: If the complaint involves harassment, discrimination, retaliation, or violence — and especially if termination is a possible outcome — you should bring in a lawyer. Poorly handled investigations can lead to serious liability. It’s not worth the risk.

6. Remote and hybrid work policies

What you can do: Lay out expectations for communication, hours, and responsiveness. This is just good management. Set your expectations clearly and hold your employees accountable to them.
When to call a lawyer: If you’re navigating multistate rules, reimbursements, or accommodations, a lawyer can make sure you’re not accidentally crossing any compliance lines.

7. Independent contractors and freelancers

What you can do: Hire a freelancer for a specific task or project. Have a niece or nephew who’s a starving artist? Have them redesign your logo. Easy! A small, one-off project has little to no legal risk.
When to call a lawyer: If they’re doing regular work that part of your company’s core business, following your directions, or showing up on-site, the IRS, EDD, or a plaintiff’s attorney might see them as employees. A quick contract review could save you from a misclassification mess.

8. Drug testing and background checks

What you can do: Use a standard process to screen candidates.
When to call a lawyer: If you’re unsure about the rules under the Fair Credit Reporting Act (FCRA), local privacy laws, or federal rules. While Google or ChatGPT can give you a textbook answer, the rules here are precise and easy to overlook.

9. Social media and off-the-clock conduct

What you can do: Set internal expectations for online behavior.
When to call a lawyer: Thinking of disciplining someone for an after-hours tweet or Instagram post? Slow down. Free speech, labor law, and privacy all come into play here. Better safe than sorry.

10. Whistleblower complaints

What you can do: You can take every complaint seriously and document everything — every conversation, every step. Save every communication and keep yours clear and factual.
When to call a lawyer: If the complaint even hints at legal violations or retaliation, make the call. If the situation escalates, you’ll be glad you did.

The bottom line:

Not every business task requires a lawyer. But when the issue touches employee rights, employment law compliance, or sensitive workplace dynamics, it pays to bring in someone who lives and breathes this stuff.

Not sure if it’s time to call a lawyer?
We can help you sort it out.