what kind of attorney do you hire when a employer has put you at risk for serious injurty or death

Can you sue a company for putting you in danger?

Can you sue for emotional abuse in the workplace?

How do you prove emotional distress at work?

What counts as emotional distress?

Can I sue my employer for stress and anxiety?

What is psychological harassment?

How do you win a lawsuit against your employer?

What is mental anguish in the workplace?

Can I sue my employer for false promises?

What are the 5 signs of emotional suffering?

How do you prove severe emotional distress?

What is emotional harm?

What are the legal issues that employment lawyers handle?

Employment lawyers handle employment-related legal issues, including: Wrongful termination; Workplace discrimination; Sexual harassment; Contract violations;

What can an employment lawyer advise employers about?

Of course, an employment lawyer can also advise employers about their rights and responsibilities regarding union workers and efforts of employees to unionize in an employer’s workplace.

Do lawyers represent employees?

Many lawyers represent employees who are not part of a union and are basically powerless in situations where employers have treated them in ways that violate applicable law and put employees at a disadvantage.

Can employers violate rights?

Employers can commit a wide variety of unlawful actions that place employees at a disadvantage or violate their rights. A person should contact an employment attorney in any of the following situations: The person has been harassed at work;

Why does an employer retaliate against a person?

The employer has retaliated against the person because they exercised a right such as requesting overtime pay to which they are entitled by law;. The person’s employment has been terminated in violation of an employment contract, express or implied;

What to do if an employee is not unionized?

If an employee works in a non-unionized workplace and wants to try to unionize, the employee may well want to consult an employment lawyer. An employment lawyer can help by advising employees about their right to form a union and the activities in which they can engage in connection with that effort.

What happens if you wait to contact an attorney?

If a person waits to contact an attorney, the delay could prevent them from proving the conduct committed by the employer and thus from recovering damages. Also, there are usually time limits to asserting rights and complaints under the law; any delay risks losing the right to file a claim or complaint.

How to find a good employment lawyer?

Word of mouth is one of the best ways to find a reputable lawyer. Even if your friends or family don't know any employment lawyers, they might know other lawyers—such as a family lawyer or estate planning lawyer—who can provide a recommendation. Keep in mind that individual preferences for a particular lawyer are guided by intangibles such as personality or your comfort level with the person. Here are a few questions you may want to ask a person who gives you a glowing review of a particular employment lawyer: 1 Did this lawyer respond to all your telephone calls and other communications promptly? 2 Did the lawyer take the time to listen to your explanation and understand your situation fully? 3 Were all the bills you received properly itemized and in line with the cost projections you got at the start of your case? 4 Did this lawyer personally handle your case, or was it handed off to a younger, less-experienced lawyer in the same firm?

Do employment lawyers charge hourly?

Some employment lawyers charge on an hourly basis instead of a contingency fee. This can be advantageous for an employee if the scope of the work is relatively small, such as reviewing a contract or negotiating a better employment package.

What to do if you have a workplace dispute?

If you have a workplace dispute with your employer, you might need to hire an employment lawyer. While some issues can be resolved with open communication, often times, a lawyer is essential to getting compensation or other justice for workplace violations. This is especially true if you were fired for a discriminatory reason, ...

How much does a lawyer charge for a consultation?

However, others will charge a reasonable fee for legal advice. A charge of between $75 and $250 for a one-hour consultation is typical.

What happens if you win a case?

If you win the case, the lawyer's fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money. A lawyer's willingness to take your case on a contingent fee is usually a sign of the lawyer's faith in the strength of your claim.

What do you pay a lawyer for in a contingency agreement?

Sometimes, a lawyer working under a contingency agreement will require that you pay all out-of-pocket expenses, such as filing fees charged by the courts and the cost of transcribing depositions—interviews of witnesses and others involved in a lawsuit who may provide additional information about the facts and circumstances. If so, the lawyer will want you to deposit a substantial amount of money—a thousand dollars or more—with the law firm to cover these expenses. From your standpoint, it is a much better arrangement for the lawyer to advance such costs and get repaid out of your recovery. A commonsense arrangement might involve your advancing a small amount of money for some costs, with the attorney advancing the rest.

Do not sell personal information?

Do Not Sell My Personal Information. If you have a workplace dispute with your employer, you might need to hire an employment lawyer. While some issues can be resolved with open communication, often times, a lawyer is essential to getting compensation or other justice for workplace violations.

What can a lawyer do for you?

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.

What to do if an employee sues you?

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.

Why do you need a lawyer?

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.

Can an employer handle administrative matters?

Although some employers can and do handle these administrative matters on their own, most could probably benefit from some legal advice on the strength of the employee's claim, how to prepare a response to the charge, how to handle an agency investigation, and how to present evidence at the hearing.

Do lawyers come cheap?

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. The trick is to figure out which situations require some expert help and which you can handle on your own.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

Why do employers need an employment lawyer?

Sometimes an employer needs an employment lawyer to help them avoid future legal problems, such as by ensuring that their employment contracts and policies comply with all applicable laws. An employment lawyer often becomes necessary when a dispute arises with a current or former employee.

What can an employment lawyer do?

An employment lawyer can draft employment contracts and advise the employer on the policies and practices they need. They can also create an employee handbook containing the employer's policies and other important information that employees will need. Employers can also hire an employment lawyer—preferably the same one—to review their policies ...

What are the laws that prohibit firing employees?

Most U.S. states have " at-will employment " laws, meaning that employers can fire employees for any reason, or for no reason at all, as long as it doesn't violate the law. Laws against employment discrimination prohibit firing employees because of factors like race, sex, religion, or disability. At the federal level, these laws include: 1 Title VII of the Civil Rights Act of 1964 2 The Americans with Disabilities Act 3 The Age Discrimination in Employment Act, and 4 The Genetic Information Nondiscrimination Act.

What are the different types of law?

Lawyers often divide the practice of law into two broad categories: 1 Transactional law consists of negotiating agreements, drafting legal documents, and other functions that don't involve going to court. 2 Litigation means representing clients in judicial proceedings, including civil lawsuits, criminal defense, and appeals. This is the type of law most often portrayed in television and movies.

What is the job of a litigation lawyer?

This is the type of law most often portrayed in television and movies. Employment lawyers can be either transactional lawyers or litigators, or both.

Can you fire someone for no reason?

states have " at-will employment " laws, meaning that employers can fire employees for any reason, or for no reason at all, as long as it doesn't violate the law. Laws against employment discrimination prohibit firing employees because of factors like race, sex, religion, or disability.

What laws prohibit discrimination in hiring, promotions, assignment of job duties, and other features of employment based on protected

The Age Discrimination in Employment Act, and. The Genetic Information Nondiscrimination Act. These laws also prohibit discrimination in hiring, promotions, assignment of job duties, and other features of employment based on protected categories.

Can an employer be held liable for an assault?

Employer liability for workplace assaults. Where a person acting in the normal course and scope of the job assaults another employee, the victim employee can recover for the injury through the state workers' compensation law. But, the employer can be held liable for injuries suffered by the victim if: the employer's negligence contributed ...

Can an employee be charged with assault?

An employee who assaults another person in the workplace may be charged with the crime of assault and also may be sued for financial damages in a civil action brought by the victim.

Is assault a physical injury?

For simple assault, the conduct need not result in an injury. An aggravated assault, as defined by state law, usually involves a deadly weapon, infliction of a serious physical injury, or a similar aggravating circumstance.

What is workplace assault?

Assault in the Workplace. A workplace, like any environment where a number of people are grouped together (usually not by their own selection) in confined space every day, can become very tense. Throw in personality conflicts, power dynamics, and cultural differences, and you have a volatile mixture.

Is an employer entitled to recover from a parent corporation?

the employer's intentional conduct played a part in the assault and injury (as where the employer "sicced" one employee on another), or. the employee is legally entitled to recover from a parent corporation because the immediate employer is not covered by workers' compensation (such as in a franchise setting).

What are some ways to reduce violence in the workplace?

Employers have turned to various techniques for reducing the incidence of violence in the workplace, such as employee training, mediators, facilitators, team-building exercises, and the like.

Can assault be prevented?

Assault in the workplace is a perennial problem but it can be prevented by employers and employees alike if they take the right steps before conflict escalates. This article discusses workplace assault generally. Assault laws differ from state to state.

Can you be fired for hiring an attorney in Georgia?

Most employees in Georgia are in an “at will” employment relationship. This means your company can fire you for a good reason, a bad reason, or no reason at all. Your employer might fire you for hiring an attorney, but I have seen many more people who were fired who did not have an attorney. This can put you in a bad situation.

Can you lose your job after an injury?

Many people have concerns about losing their job after an injury at work. Some have known people who have lost their job after an injury. Some people think their company will fire them if they hire an attorney.

Can a company fire you for workers compensation?

Most companies want to avoid an additional claim. It can hurt your employer in the workers’ compensation case if they fire you. One of the ways that companies decrease the money they pay in workers’ compensation is bringing you back to work. When they fire you, they usually lose the chance to do this.

Can an employer fire you for a reason?

Your employer cannot fire you for some prohibited reasons. Certain federal laws prohibit your employer firing you because of your race, your sex, and your religion among other things. If you have been fired for a reason that you believe is improper, you should contact an attorney who specializes in employment law.

What to do if you are fired for a reason?

If you have been fired for a reason that you believe is improper, you should contact an attorney who specializes in employment law. Our firm does not handle employment law cases but we do know attorneys that do. If you need help and would like us to recommend someone, just give us a call us at (770) 214-8885.

Can you ask about felony charges before hiring?

In all states, you can ask about felony convictions before you actually hire an employee . The ban-the-box legislation just prevents you from asking about criminal history before you're ready to make an offer. When you're ready to make an offer you can do a background check which involves asking about any convictions.

Why do companies skip consulting with their attorneys?

Many companies skip consulting with their attorneys because that discussion costs money. But, it's considerably cheaper to pay for an initial consultation than to have to pay for the resulting lawsuit. Remember, even lawsuits that you win are incredibly expensive to litigate.

Can you hire a convicted felon?

Updated December 11, 2019. Hiring a convicted felon isn't what most businesses set out to do. In fact, most companies would prefer to hire people who will be soon nominated for sainthood, which leaves candidates with a criminal record out. Employers need to keep in mind, though, that many saints have checkered pasts and so may some ...

Can you run a daycare if you are convicted of child abuse?

For instance, if you run a daycare, you absolutely can and must reject convicted child sexual abusers. That's an easy decision. In other areas, the decision is not so cut and dried.

Can you ask someone about convictions on a job application?

Some additional states have “fair chance” legislation, which means that you can't ask the applicant about convictions on a job application. Individual state laws vary, so double check your state or other governmental jurisdiction's laws before you ask a person to fill out an application.

Can you reject a job candidate based on a conviction?

If you wish to reject a job candidate based on a conviction, before you do so, please consult with your employment law attorney . Because state and even local laws can vary considerably, you can't make generalized judgments on what you think is best for your business.

What happens if you have a conviction?

If your candidate has a conviction, you can consider that they committed the crime of which they were convicted. If there is simply an arrest, you can use that to start an inquiry into whether or not the person should be disqualified.

Advice on Employment Decisions

Representation in Legal Or Administrative Proceedings

• Lawsuits.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. The time limits for taking action are very short -- many courts require you to fil...

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