how can a employee attorney help me

For example, an employment lawyer can: Review employment agreements, offer letters, severance agreements, confidentiality agreements, non-compete agreements, and related documents Help you navigate employee leave requests

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Why should I hire an employment lawyer?

Dec 22, 2019 · For instance, an employment attorney can help the employee in the following ways: – Return to their job if they were wrongfully terminated by the employer. – receive the appropriate amounts of compensation for discrimination and retaliatory practices by the employer. – seek to remove the harasser from the workplace.

What does an employment lawyer do for workers’ compensation claims?

An employment lawyer can help an employee file the complaint with the appropriate agency and explain the time limit in which the claim must be filed and other factors related to the claim. Litigation Employment lawyers also assist in employment-related lawsuits.

What should I look for when hiring a lawyer?

May 29, 2020 · For example, an employment lawyer can: Review employment agreements, offer letters, severance agreements, confidentiality agreements, non-compete agreements, and related documents; Help you navigate employee leave requests; Help you respond to employee accommodation requests; Employment law is best approached from a regular, preventative …

Why hire Morgan&Morgan as your employment attorney?

Reasons Employees Hire An Employment Lawyer Assistance with Difficult Legal Issues. One of the advantages of hiring employer lawyers is that they can handle intricate employment rules on your behalf, saving you time and money. For the most part, employment statutes are written to be challenging to read, especially for those who are not trained in the law.

What are my rights as an employee?

Rights when you lose your job - redundancy pay, protection from unfair dismissal, notice periods and pay, Transfer of Undertakings (Protection of Employment) ... Taking time off work - sick leave and pay, annual leave or holiday pay, time off for emergencies.

What do labor lawyers do?

What Do Labor Lawyers Do? As a division of employment law, labor lawyers represent both employers and employees in disputes and negotiations. ... Labor lawyers will represent members of labor unions in cases against employers and in strike negotiations, as well as employers in cases against employees.

How do I legal action against an employer?

File a complaint with EEOC (Equal Employment Opportunity Commission) or other state agency- they look and investigate into the matter, and then decide whether the policy should be changed or you should get damages. Filing of Civil Suit- If the victims think fit can also file the civil suit against the offender.Oct 14, 2018

Can you sue your employer?

Some people worry that suing their employer may cause problems in the workplace. However, employees are legally entitled to seek compensation from an employer if they breach their duty of care. This means that you cannot be discriminated against or dismissed as a result of making a claim against your employer.Aug 3, 2021

What are some examples of unfair labor practices?

What is an unfair labor practice by management?Interference, restraint, or coercion. ... Employer domination or support of a labor organization. ... Discrimination on the basis of labor activity. ... Discrimination in retaliation for going to the NLRB. ... Refusal to bargain.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

What is mental harassment in the workplace?

What can be termed as mental harassment? ... Harassment may take the form of words, gestures or actions which tend to annoy, alarm, abuse, demean, intimidate, belittle, humiliate or embarrass another or which create an intimidating, hostile or offensive work environment.”Dec 5, 2021

Can I take my employer to court for unfair treatment?

If your employer's conduct towards you has been unlawful or you have been unable to exercise your rights, you may be able to take legal action against your employer. ...Feb 28, 2019

Where can I file a complaint against my employer?

Start by approaching the human resource department of your company. It will be in a position to explain where you stand legally and will help resolve the issue. You can also lodge a formal complaint directly with the department and should give it adequate time to evaluate your situation and suggest a solution.Feb 17, 2014

What is it called when you are treated unfairly at work?

What is unfair treatment? Treating someone in your staff unfairly because of who they are is discrimination. It can lead to them feeling upset, shamed, and even scared. When this happens, you can expect their morale and their productivity levels to plummet.

Can I take my employer to court for stress?

You do have the right to make a legal claim for stress against your employer. These are not easy claims to bring, but they do happen and many are successful. ... This in itself is usually not enough to bring a claim against an employer for stress on the basis that such stress was reasonably foreseeable by that employer.Nov 5, 2010

Can you sue for favoritism?

Do Not Ignore Workplace Favoritism: You May Be Entitled To Sue Your Employer. ... If it is rooted in any of these three factors, favoritism can be considered an illegal practice, which means you may have a right to file a lawsuit against your employer for disfavoring you or, on the other hand, favoring other workers.Nov 30, 2018

What can an employment lawyer do?

An employment lawyer can help an employee file the complaint with the appropriate agency and explain the time limit in which the claim must be filed and other factors related to the claim.

Can an employee file a lawsuit against another employee?

In some cases, an employee may have a third party lawsuit against another party other than an employer for a work-related injury. Employment lawyers help prepare complaints, communicate with the legal representative of the other side and appear in court on behalf of the client.

What is a discrimination lawsuit?

An employment discrimination lawsuit may arise when an employee is terminated, demoted, reassigned, not hired or otherwise the recipient of adverse employment action that is based on a protected status. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, national origin, sex and religion.

What is a worker's compensation lawyer?

Workers’ compensation claims arise when an employee is injured or becomes ill due to work. An employment lawyer may assist an employee in filing a claim or an appeal. He or she may also represent the employer’s interests and help substantiate a denial.

What is wage and hour claim?

Wage and hour claims arise when an employee does not receive the compensation to which he or she is entitled. An employer may be asking the employee to work off the clock, or the employee may not be receiving overtime pay. These types of claims can also arise when employees are misclassified in order to avoid paying overtime rates to employees.

Can employees join in a class action?

When many employees are similarly affected by adverse action by an employer, such as discrimination or a wage and hour claim , the employees may join together in a class action against the employer. This arrangement involves multiple plaintiffs. The advantage for the employees is that they can split the cost of litigating between the party members.

What is wrongful demotion?

It is important to know what wrongful demotion is and how it can lead to a possible case against the employer with the assistance and services of a lawyer. Generally, the individual worker must have an employment contract or suffer discrimination for the demotion to occur invalidly so that there is legal recourse against the business.

Is a demotion a good choice?

Depending on the situation, there are times when a demotion is the correct choice for the company. If the supervisor works with the individual on improving, placing him or her on a plan to increase statistics and to help with company interactions, a demotion is often the outcome if the worker does not improve at all throughout this course. However, if there is a marked increase in statistics and other employees notice development, a demotion is often contradictory to this completion of the plan. At that point, the employee may have a valid case of wrongful demotion.

What happens if you conspire with a supervisor?

Some employees will face others that will take offense to the individual rather than the company. These workers can conspire with supervisors or managers and seek to start an invalid lawsuit against the employee to make his or her life worse or to ensure a demotion occurs. If the target has supervisor experience or has coached another employee through how to work, it is possible he or she can become the target of this lawsuit because of hurt feelings or malicious intent. Learning of the conspiracy can help to avoid the lawsuit or to ensure termination of the others involved in the plan.

What do you need to know about wrongful demotion?

To understand if there are grounds for wrongful demotion, to pursue a strategic or legal action and to litigate the individual will need legal professional services from a trusted lawyer.

What is an individual lawyer?

Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.

How long does bankruptcy stay on your credit report?

Keep in mind, Chapter 7 bankruptcy information stays on your credit report for 10 years. This can make it hard to get credit, buy a home, receive life insurance, or get a job. Learn more about bankruptcy, and other options for dealing with debt .

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

What are some examples of misclassifications?

Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

Is it illegal to discriminate against a job applicant?

It is illegal to discriminate against a job applicant or employee on the basis of race, color, religion, sex, national origin, disability, or age. However, some employers do just that, leading to a hostile and inequitable workplace where some workers are treated more favorably than others.

What is workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

Do independent contractors have to file taxes?

Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.

What is the minimum wage in 2020?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

How do I get a green card?

To get a green card, foreign employees need either an immigrant visa or a duel-intent visa. An immigrant work visa is for immigrants coming to the U.S. to fill a full-time, indefinite position and typically involves work that requires unique skills. Employees must fall within one of four occupational categories to gain permanent residency on the basis of their employment. Employees must either be: 1 Priority workers, such as internationally acclaimed athletes or artists, renowned academics, or multinational executives ( EB-1 visa) 2 Professionals with advanced degrees or persons with exceptional ability, such as those who have a rare skill or specialty ( EB-2 visa) 3 Professional or skilled workers, such as workers holding college degrees or skilled laborers not available in the U.S. ( EB-3 visa) 4 Special Immigrants, such as religious workers or some physicians ( EB-4 visa)

What is an EB3 visa?

Professional or skilled workers, such as workers holding college degrees or skilled laborers not available in the U.S. ( EB-3 visa) Special Immigrants, such as religious workers or some physicians ( EB-4 visa)

How to become a permanent resident in the US?

To help an employee become a permanent resident, the employer has to go through an application process with the United States Citizenship and Naturalization Service (USCIS) and the U.S. Department of Labor (DOL). There are specific requirements that must be met for this path to be successful.

Do I need a green card to work in the US?

and the employment meets qualifications for sponsorship. However, not every worker who legally comes to the U.S. to work is eligible for a green card. It depends on whether the worker came under an immigrant or nonimmigrant visa.

What is dual intent visa?

Some temporary work visas are considered “ dual intent .”. This means that a foreign worker can come to the U.S. to fill a temporary work position and then either simultaneously or sometime later complete an “adjustment of status” to get on the path to permanent residence . The H-1B, L-1, and O-1 work visas are examples of dual-intent visas.

How long do you have to have a green card to get citizenship?

Employees seeking citizenship will need to have an active, valid green card for at least five years before they start the citizenship application process.

Can I get citizenship on a nonimmigrant visa?

Nonimmigrant visas do not provide a path to citizenship. For example, H-2A and H-2B programs are for temporary, seasonal workers, meaning workers under this visa must return to their home country after a set period. They can, however, return under the same visa later to do seasonal work again.