what every employment attorney should know

by Reba Schmitt 3 min read

What type of lawyer works the most?

Types of Lawyers That Make the Most MoneyMedical malpractice lawyers: $250,000;Patent attorney: $1840,000;Intellectual property (IP) attorney: $163,000;Trial attorneys: $144,000;Tax attorney (tax law): $122,000;Corporate lawyer: $118,000;Employment lawyer: $88,000;Real estate attorney: $87,000;More items...

What do employers look for in a lawyer?

Your lawyer should be able to explain the legal theory of your case, answer your questions and present your case in language that is easy to understand. Your lawyer should help you understand the various steps involved in your matter in order for you to be able to provide informed instructions.Sep 20, 2019

Is labor law the same as employment law?

Labor law governs the relationships between groups of employees, such as labor unions and their employers, while employment law governs the relationships between individual employees and their employers.

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

What happens if interpersonal skills are lacking in attorney?

Without solid interpersonal skills, your team may be working inefficiently and unharmoniously. You also could be inadvertently causing your employer to doubt your ability to one day lead your own team.

What does employment law do?

Employment law regulates the relationship between employers and employees. It governs what employers can expect from employees, what employers can ask employees to do, and employees' rights at work.

What is an example of a labor law?

Labor law can also refer to the set of standards for working conditions and wage laws. These laws, such as the Fair Labor Standards Act, prohibits child labor, and sets a minimum wage.

Which labor law concerns employees rights at work and through the contract for work?

Individual labour law concerns employees' rights at work also through the contract for work.

What Employment Attorneys Do for Employees

Before the various employment laws and protections were enacted in the United States, employees were nearly powerless when their employers treated them unfairly. Unfortunately, many employees still believe that they cannot stand up to their bosses. The good news is that you have every right to do so.

What Employment Attorneys Do for Employers

Employers notoriously believe that they can handle everything on their own. While this may be true in most circumstances, when it comes to the subject of employment law, it is advisable to work with an experienced attorney the moment you make the decision to hire your first employees.

Why You May Need an Employment Attorney

Enacted employment laws are in place to ensure the protection of employees and employers alike. However, unless you are trained in this area of law, it is likely that you will not understand what is required of you and/or what protections are offered. While some would consider employment attorneys an expense, the wiser would consider them an asset.

Why are employers not required to provide information other than the dates of employment?

Because there is such a fine line between what is legal and illegal, many employers have adopted a policy not to provide any information other than the dates of employment for former employees. Although these policies are widespread, they are not actually required by law.

What to do if a company does not correct unsafe conditions?

If the company does not correct the unsafe condition, and you decide to refuse the work, make sure that you inform your supervisor, preferably in writing or in front of others, exactly why you are refusing to do the work, and that you will return to work as soon as the condition is fixed.

What employees are exempt from overtime pay?

Executive or Administrative employees are exempt from overtime pay only if, at least 50% of the time, they perform intellectual, managerial, or creative work that requires independent judgment on matters of significance.

How to refuse unsafe work in California?

Before you refuse to perform unsafe work, however, make sure you inform your supervisor about the unsafe condition, and give the company a chance to correct it. If the company does not correct the unsafe condition, and you decide to refuse the work, make sure that you inform your supervisor, preferably in writing or in front of others, exactly why you are refusing to do the work, and that you will return to work as soon as the condition is fixed. Finally, you should contact Cal/OSHA ( http://www.dir.ca.gov/DOSH) to file a complaint against your employer.

How many employees are required to be a baby bonder?

To qualify, you must meet the following criteria: Your employer must have 50 employees (only 20 employees if the leave is for new baby bonding) within a 75-mile radius of your worksite; You have worked at your job for at least one year; You have worked at least 1,250 hours during the previous 12 months;

How long can you be on family medical leave?

Under family/medical leave laws, you are entitled to 12 weeks (used consecutively or intermittently) of unpaid leave from work to “bond” with a newborn baby or if you, your children, your parents, your spouse or your registered domestic partner have a “serious health condition” (including a serious health condition caused by domestic violence). During your leave, your employer must maintain your health benefits and must reinstate you to the same or equivalent position when you return. To qualify, you must meet the following criteria:

How long do you have to pay your wages if you are laid off?

If you quit, and gave your employer 72 hours of notice, you are entitled on your last day to all wages due. If you quit with less than 72 hours of notice, your wages are due within 72 hours after you notified ...

Hire an Employment Law Attorney for Your EEOC Complaint

Our Employment Law Team helps employees and businesses alike. Whether you’ve experienced discrimination in the workplace or you’re an employer facing an EEOC complaint, our esteemed employment law attorneys can help you build a strong case. Call 303-688-0944 to begin your free case assessment.

Discriminatory Behavior that Warrants an EEOC Complaint

Discrimination based on sex (gender), religion, race, nationality, age, disability, pregnancy, harassment (sexual and nonsexual), equal compensation, or retaliation.

For Businesses: Avoid Discriminatory Behavior

Even the most well-meaning or knowledgeable employer can be guilty of discriminatory behavior, as demonstrated by the story above. EEOC complaints are enormously costly. A company can still spend thousands of dollars in legal fees defending a claim. On average, an EEOC complaint costs an employer roughly $125,000.

For Employees: How to File a Complaint

Please note: Federal employees have a different procedure than the one described below.

An Employment Law Attorney Can Improve Your EEOC Complaint

An employment law attorney can make all the difference in your EEOC case. Even if you have already initiated an EEOC complaint on your own, an attorney can help you bring a lawsuit and represent you in court. Call 303-688-0944 to begin your free case assessment.