Employment lawyers usually represent either employers or workers—not both—so make sure you’re hiring an attorney who works on behalf of employers. In addition, if you're dealing with legal issues involving a labor union or organized labor, be sure to look for a lawyer with expertise in labor law, as this area can be complicated.
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Even the most conscientious employer occasionally needs help from a lawyer. Although you can handle many employment matters on your own, some issues are particularly tricky and will require some legal expertise. Employment law can change rapidly.
I would go with someone with a history of worker’s comp claims since they know the system and that’s why you dont’ want to just grab up a personal injury lawyer that is only versed in auto accidents or something like that. Scratch part of that. They are worker’s comp attorney’s, not personal injury attorneys that you’ll look up.
If you’ve tried to resolve a labor law violation with your employer without success and are at the point where you’ve hired a lawyer who’s going to contact your employer to help advocate for you, you might wonder how to tell your employer that. Do you say nothing and let them be blindsided when the lawyer contacts them?
They will usually not advise you to “threaten” a lawyer, if there’s a case. They will just start taking action to tell the employer that you’ve obtained counsel and that they want to speak on your behalf to the employer’s attorney if they’re available. Then the lawyers get to duke it out so to speak.
A lawyer can quickly review and troubleshoot employment-related agreements you routinely use with your workers , such as employment contracts, severance agreements, or releases. A lawyer can check your contracts to make sure that they contain all the necessary legal terms and will be enforced by a court.
If a current or former employee sues you, speak to a lawyer right away. Employment lawsuits can be very complex. You have to take certain actions immediately to make sure that your rights are protected -- and to preserve evidence that might be used in court.
A lawyer can help you make difficult decisions about your employees. Firing. Particularly if you are worried that an employee might sue, you should consider getting legal advice before firing an employee for misconduct, performance problems, or other bad behavior.
For example, an employee might file an administrative charge of discrimination, retaliation, or harassment with the U.S. Equal Employment Opportunity Commission or a similar state agency. Or, a former employee might appeal the denial of unemployment benefits, which in many states allows the employee to request a hearing.
Firing the employee would dramatically change your workplace demographics.
The time limits for taking action are very short -- many courts require you to file a formal, legal response to a lawsuit within just a few weeks. As soon as your receive notice of a lawsuit against you, begin looking for a lawyer. Claims and complaints.
On the other hand, you don 't need to talk to a lawyer every time you evaluate, discipline, or even fire a worker. After all, lawyers don't come cheap. If you run to a lawyer every time you have to make an employment-related decision, you will quickly go broke.
4. You may be opening up your own life to scrutiny. This is another "painful" part. In order to get more money , and because you really were very upset when you were fired , your lawyer includes a claim for emotional distress in your lawsuit.
If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue. 2.
If you have earned commissions that have not been paid, you should call your state Department of Labor. Thanks, Robin
They can give you guidance, and if they have to pursue your employer, they can sometimes do it in a non-adversarial way that won't cause any bad blood. Check with an authority in your state first, but I think if they were supposed to be making the payments by way of your payroll deductions and didn't do it, they may actually have to pay your claim out of their pockets. Thanks, and good luck to you. Robin
The distraction and stress of a lawsuit may also make it more difficult for you to do well in your new job. And having to continually dwell on an unpleasant experience (as you'll have to do while your lawsuit lasts) is difficult and stressful.
It is true that your lawsuit will be stressful and disruptive for your company. But it will be a lot more stressful and disruptive for you, who are not used to the court system or dealing with lawyers, and you don't even know whether it's a trap when the employer's lawyer says hello to you and offers to shake hands.
There is no legal right to a warm and fuzzy workplace.
The thing is, if you’re bringing in an lawyer, they’re going to find that out because the lawyer is going to contact them! So this is about how to give them a heads-up about that so that they don’t learn it for the first time when the lawyer makes contact. The idea is to keep things sounding as un-hostile and as un-adversarial as you can (within reason).
A good lawyer can tell you what will be to your tactical advantage, including how to give any opposing side more than enough rope to tie their own hands.
For most lawyers, their job is to keep their clients *out* of court. Litigators are a minority.
In my state, you have been correctly compensated by the WC carrier. HOWEVER, comp law is very state driven. If it was me, I’d consult a WC lawyer as to what is compensable in your state. Also, on the off chance there are 2 states involved (you live in one, were hurt in another) you might be able to choose the state which benefits you most. Good luck!
Once you have brought in a lawyer then you’re right, “amicable” is out the window, you do need to view everything you do through a more adversarial lens. But, frankly, a lot of people think they’re more clever than they are, judges are, mostly, reasonable people and they understand nuance exists.
As someone who currently HAS a lawyer handling an employment discrimination case (whistleblower violations, anyone?), I can verify that my attorney’s advice is to speak with an attorney BEFORE ever even mentioning it to your employer. The attorney will tell you what phrasing to use, how to handle the employer if the s&it hits the fan and will be able to best advise you.
Yes! Generally , determining whether to blindside your employer should be a strategic choice, made in consultation with a competent and skilled attorney. It shouldn’t be an emotional choice.
If you’re thinking about filing suit, you probably want to speak to a lawyer. Confusing claims: There are some employment laws on the books that you might not be aware of, so you might have a case you don’t know about. And there are some laws you think exist, that don’t.
When a work situation has reached a level where initiating an agency complaint or process is being considered, an employee should approach the decision as objectively as possible, despite the fact that at such a point the situation likely is very emotionally charged.
Considering the answers to the above questions honestly can help an employee to gather relevant information and weigh it with a level of objectivity. The process will help the employee have confidence that their choice — either way — is the right one for them.”
What does the employee want to achieve? An employee should have a clear idea of what he or she wants to accomplish in resolving the issue. An apology? A denied promotion? Monetary damages? Or to correct a systemic problem? Potentially, an agency action could accomplish all of these things, but if what is being sought is relatively small, an employee may be choosing a very large hammer to put in a very small nail. The bigger the stakes, the more appropriate it is to consider governmental involvement.
It could be a spouse or partner, a good friend, shop steward, or even a counselor in an employee assistance program (EAP).
Being taken seriously: Some employers don’t take you seriously unless you have representation.
Your lawyer owed you a duty to competently represent you.
It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...
Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.
Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...
Breach of contract. Breach of contract occurs when a lawyer violates a specific term of the lawyer’s agreement with a client. For example, if your contract says that your lawyer will create a corporation for you by a certain date, the lawyer must stick to that agreement. Breach of fiduciary duty. Lawyers owe certain fiduciary duties ...
Report the lawyer to your state’s disciplinary board. Every state has a board that disciplines lawyers for ethical violations. If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss—for example, if your lawyer took fund from your client account. (To lean more, see our article on reporting a lawyer for an ethical violation .)
The time limit for filing a legal malpractice case can be as short as one year.
It is common for one attorney to hire another to assist him in a case. You must notify the client, and also, you cannot raise the fee. In other words, they would have to split the proceeds without it costing you more. If you are unhappy, I think it would be best if you call a meeting with your original attorney and explain your concerns. If you cannot reach your original attorney, perhaps you can try to express your concerns...
It is not at all unusual for attorneys in small firms to bring in outside lawyers to help them with certain cases. Unless your retainer reserves to you the right to reject such counsel, your attorney was probably permitted to do this. Your displeasure seems more directed to your settlement than to your attorney's decision to bring in counsel. Please bear in mind that a good settlement usually makes both sides unhappy...
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.
Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.
While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.
A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.
If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.
That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.
Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.
However, if your work injury is serious and things get contentious between you and your employer or the insurance carrier handling the case, there is no question that it’s in your best interests to at least talk to a workers comp lawyer. A twisted knee or strained back can turn into knee or back surgery and things get serious very quickly.