what type of attorney is needed for employer and employee matters

You should consult with an attorney who specializes in employment or labor law. An attorney practicing in any other area, no matter how competent, won't have the experience you need to prove your claim. Employment law is a highly specialized and an ever-changing area of the law with significant gray areas.

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Do I need a lawyer to handle employment matters?

Nov 24, 2021 · If you are involved in an employment dispute you may need to hire an employment lawyer. An effective employment lawyer can help you understand state and federal laws concerning wrongful termination, wage disputes, defamation, whistleblower protections, and other employment-related matters. Knowing when to contact or hire an employment lawyer …

What is an employment lawyer?

May 17, 2018 · An employment attorney is a legal professional who handles cases involving work disputes, employment law violations, and other types of legal issues. Also called employment law attorneys, these legal professionals perform research and represent clients in preparation for lawsuits, government investigations, and other employment-related matters.

What kind of attorney do I need to file an employment claim?

Employment law, on the other hand, is defined more broadly as the negotiated relationships between employers and employees. Although employment lawyers deal with many of the same parties as labor lawyers (i.e., workers and companies), they conventionally address issues that

What type of lawyer do you need for your business?

The good news: Small business owners rarely need to hire lawyers for workers’ comp claims because they rarely end in lawsuits. Usually, the injured employee is simply exercising his or her right to compensation, and the employer’s workers’ comp insurance provider will decide whether the worker is eligible for benefits. But occasionally, small businesses might consider hiring a …

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What types of situation does a lawyer who specializes in employment law have to advise on?

A lawyer can help you make difficult decisions about your employees.Firing. ... Employee Classifications. ... Other decisions. ... Lawsuits. ... Claims and complaints. ... Contracts and agreements. ... Policies and handbooks.

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 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 can I take legal action against my 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

How do I file a legal case against an 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 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.

How do employee rights lawyers work?

What Does an Employee Rights Attorney Do? Employee rights attorneys primarily represent clients who are involved in various work-related disputes. As a result, employee rights attorneys are likely to spend the majority of their time researching laws, codes, and statutes that relate employment law.

How many types of labour law are there?

There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work.

What to do if you have an employment dispute?

Hire an Employment Lawyer. If you are involved in an employment dispute, or need advice about an employment-related matter, you may need to hire an employment lawyer. An effective employment lawyer can help educate you on state and federal laws concerning wrongful termination, wage disputes, defamation, whistleblower protections, ...

What to do if you feel overwhelmed by an employee's rights issue?

If you're feeling overwhelmed with an employee rights issue or wrongful job loss it can be helpful to consult with an experienced lawyer. They can answer questions about your specific situation and discuss how the local laws impact your potential claims. Contact a local attorney to learn how they can help you demand fair treatment at work.

What Is an Employment Attorney?

An employment attorney is a legal professional who handles cases involving work disputes, employment law violations, and other types of legal issues. Also called employment law attorneys, these legal professionals perform research and represent clients in preparation for lawsuits, government investigations, and other employment-related matters.

What Should I Know about Employment Attorneys?

When searching for an employment attorney, you should learn some basic facts about them, such as:

Do I Need a Lawyer for Help with Employment Law Matters?

As you can see, employment law matters can often be complex because they can sometimes overlap with other legal areas. You may need to hire a qualified workplace lawyer if you need help with any types of legal claims. Your attorney can provide you with legal advice on how to file a claim.

What is employment law?

Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.

Why do I need an attorney?

Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

Why is it important to hire a lawyer?

However, if your business is subject to a lawsuit, you’ll be relieved that you hired a lawyer. When evaluating lawyers, you should ask a lot ...

What kind of law do lawyers specialize in?

People sometimes wonder what types of lawyers are available to them. Lawyers often specialize in either business law or personal law. For this reason, you should search for lawyers who have business law experience.

Can a lawyer review a contract?

In addition, some lawyers are knowledgeable about tax issues, even if they aren’t accountants. They may have handled legal tax matters for other business owners and can make sure you don’t run into the same issues.

What is a general business lawyer?

1. General Business Lawyer. As the name suggests, a general business lawyer can provide legal advice on a wide range of matters. This type of lawyer has a hand in every legal discipline. If your business doesn’t deal with special circumstances, a general business lawyer may be well suited to your purposes.

Is M&A a complicated process?

M&A is a complicated process, and trying to do this without an M&A lawyer is not a wise decision. The documentation process is another complicated aspect of M&A deals. It’s likely for small business owners to overlook the needed documents. M&A lawyers know about the documents and filings.

What is an employment lawyer?

Employment and Labor Lawyer. Using an employment and labor lawyer only makes sense when your business has employees. If it does, your business should comply with state and federal laws. An attorney in this area of the law can help you draft employee manuals and ensure safety standards are in place.

Can you use templates for a business contract?

Many business owners use templates found on the internet for their contracts. These may work, but could cause your business legal problems, as templates won’t cover the specifics for your business.

Why do I join a student organization?

Joining a student or university-run organization allows you to demonstrate your interest in labor and employment law to employers while at the same time gaining exposure to practical and interesting information about the field. Student and university-run organizations also serve as an easy way to meet other HLS students and faculty focused on issues you care about; you will find that many of the people that you encounter share similar passions and career aspirations. Occasionally, students work together to begin new organizations or programs designed to fill a void in campus life; for example, HLS students founded the former Harvard Worker Center to create a strong voice for workers across all employment sectors at Harvard.

What is labor law?

Labor law has traditionally encompassed the relationships among unions, employers, and employees . Labor laws grant employees in certain sectors the right to unionize and allow employers and employees to engage in certain workplace-related activities (for example, strikes and lockouts) in order to further their demands for changes in the employer-employee relationship.

How to show interest in labor law?

You can show this interest by interning with an organization undertaking labor or employment law work, writing relevant articles for journals and/or newspapers, joining related student organizations, taking courses focused on labor and employment law issues, and/or participating in a clinic dealing with labor or employment issues. Your ability to prove that you are confident and passionate about pursing labor and employment work will likely play a factor in the kinds of jobs you are able to land.

Where do students work in the spring?

Students spend the entire Spring semester (except for Spring break) in Washington, D.C. working as legal interns in a variety of federal offices while taking an evening course on government lawyering. Placements are principally in federal government offices where lawyers conduct research and provide legal advice and assistance on policy, legislative or regulatory matters, rather than investigating and litigating cases. Students may choose to start the clinic early by spending the Winter Term in Washington, D.C. working full-time at their placement offices. Students also attend class twice a week (see below for more on the class) and write a 1-credit research paper that relates to the student's Semester in Washington placement.

Is labor and employment law a versatile field?

Yet labor and employment law is truly a versatile field that frequently touches on issues that arise in a wide range of other legal disciplines.

What are wage and hour laws?

These standards include minimum wage, overtime pay, and underpayment in a variety of public and private workplaces, as well as family and medical benefits. Prevailing wages for government service and construction contracts fall within this area of employment law, as do work authorization criteria for non-U.S. citizens undertaking temporary, migrant, or agricultural work under the Immigration and Nationality Act. Wage and hour standards also cover workplace conditions for working children and protect children and adults alike from exposure to detrimental or unfair working conditions, such as those found in sweatshops and throughout the global human trafficking system.

What is workplace discrimination?

Workplace discrimination occurs when an employee suffers from unfavorable or unfair treatment in the workplace because of their age, gender, race, national origin, religion, or sexual orientation. Disability laws also expand upon the employment rights of veterans and persons with disabilities. Although workplace discrimination is becoming more widely reported, it continues to affect millions of workers across the country.

What is toxic tort lawyer?

Classified as personal injury attorneys when representing plaintiffs, toxic tort lawyers are responsible for due diligence on client’ claims involving the gathering and analysis of medical records, and preceding cases related to a toxin.

How much does a bankruptcy lawyer make?

The average salary of a bankruptcy lawyer is $113,000, annually.

What is an estate lawyer?

Estate Planning Lawyers speciali ze as executors of wills and trusts in representation of estate planning clients. These attorneys are generally responsible for setting up a trust for a client that will later cover the client's children as beneficiaries. Estate law attorneys also provide counsel on retirement plans, life insurance, and charitable contributions. If an estate is subject to probate court filing, an estate law lawyer will also be responsible for litigating the case. Estate law lawyers earn an annual median wage of about $95,000.

How much does a civil rights lawyer make?

The average annual salary of a civil rights attorney is $110,000.

What is an IP lawyer?

Intellectual Property Lawyer or IP attorney gives counsel to clients on issues related to tangible or intangible ideas, inventions, or other intellectual property. The three main areas of regulatory legislation relevant to intellectual property law practice are copyright, trademark, and patent. Patent law requires additional licensing and a technical background in chemistry, engineering, life sciences, or software development.

What is a criminal lawyer?

Criminal Lawyer. There are three types of criminal lawyers, 1) Prosecutors Attorney, 2) Public Defense Attorney, and 3) Private Defense Attorney. A criminal lawyer specializes in criminal law, and represents clients in due process from point of arrest, to of bail, arraignment, pleas and trial should the case proceed without conviction ...

What is a disability lawyer?

Social Security Disability Lawyers specialize in advising Social Security Disability clients in establishing eligibility and petition filing, and in appellate petition filing where benefits have been terminated or otherwise denied.

What happens if a company doesn't have workers comp?

If an employee is injured and your business lacks proper insurance, you can be held liable for medical costs, and you could face state penalties and lawsuits.

Can a lawyer help with workers comp?

They feel a lawyer can help them prepare their case better than they could alone. Speaking openly to employees about their workers’ comp benefits and providing official digital or printed information may reduce the likelihood that they will involve lawyers in a claim. But when they do, it is usually to:

What do lawyers do for employees?

Lawyers help employees assess the cost of their injury or illness to determine how much money they should receive. To do so, attorneys consider medical bills, rehabilitation costs, time away from work, and the type of disability that the employee has incurred.

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.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

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 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 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.

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 general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

Is a civil litigation lawyer a general lawyer?

Technically, all areas of law already mentioned on this list may also be considered civil litigation cases. This is why a civil litigation lawyer is regarded as a general lawyer. However, their primary work comprises handling cases involving a breach of contract. While this may seem simple compared to other areas of law, contract disputes can be a tedious process. So, it will pay to hire an excellent civil litigation attorney who can easily spot the finer details of the case.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

Advice on Employment Decisions

• 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. A lawyer can tell you not only whether terminating the worker will be legal, but also what steps you can take to minimize t…

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Why Might I Need A Lawyer to Handle A Employment-Related Problem?

• To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action. Most attorneys representing employees do so because they understand that non-unionized employees are relatively powerless against employ…

See more on workplacefairness.org

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