what type of attorney to i use for employment disputes

Also known as an employment lawyer, a workplace attorney represents anyone who is dealing with legal disputes, violations, or claims that are related to employment laws. Specializing in workplace laws, employment lawyers are an important factor in shaping the treatment of workers, and fairness in employment policy.

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What does an employment lawyer do?

Employment law involves a relatively wide array of issues that involve the legal relationship between employer and employee. These involve wage and hour law, discrimination and harassment, family and medical leave, and employee benefits. Since employment laws tend to change frequently, often through the courts, you want an attorney who is ...

What kinds of workplace lawsuits do attorneys handle?

If your company needs litigation counsel for an employment-related dispute, we invite you to schedule a free initial consultation with a senior defense attorney at Oberheiden P.C. We represent many employers in litigation on an as-needed basis, and we serve as ongoing compliance and defense counsel for companies across the country as well.

Do I need an attorney for an employment law case?

Employment attorneys help protect workers ’ rights and protect employers from frivolous lawsuits. States vary in their use laws and how those laws apply in the regulation of employment practices . For this reason, amongst others, consulting a workplace lawyer can be quite beneficial in protecting your rights and interests, angstrom well as ...

What are the different types of employment law disputes?

Also known as an employment lawyer, a workplace attorney represents anyone dealing with legal disputes, violations, or claims related to employment laws. Specializing in workplace laws, employment lawyers are an important factor in shaping the treatment of workers and fairness in employment policy.

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

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. However, labor laws focus specifically on industries with labor unions (teachers, policemen, bus drivers, etc.) and their specialized rules and regulations.

What are my rights as an employee?

Being treated fairly and equally - discrimination and harassment, protection for whistleblowers, right to join a trade union, modern slavery. Rights when you lose your job - redundancy pay, protection from unfair dismissal, notice periods and pay, Transfer of Undertakings (Protection of Employment)

Why do I want to be an employment lawyer?

The diverse, complex and evolving nature of employment law is an opportunity to be challenged and show innovation, to display your creativity and critical thinking, and to wield your problem-solving skills. Often the simplest cases and most straightforward legal concepts lead to the most difficult laws.Aug 2, 2018

Can I take my employer to court for unfair treatment?

It might be against the law if you're being treated unfairly or differently at work because of who you are, such as being disabled or being a woman. If it is, you can complain to your employer or take them to an employment tribunal.

Can I sue my employer for unfair dismissal?

The CCMA, bargaining council, Labour Court, Labour Appeal Court or private arbitrator are empowered to take very strong action against employers who commit unfair labour practices or dismiss employees unfairly.

How much does it cost to take an employer to a tribunal?

You don't have to pay any fees to make an employment tribunal claim. If you win, your employer won't automatically have to pay your costs. If you lose, you don't automatically have to pay your employer's costs.

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 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.

What is Oberheiden P.C.?

At Oberheiden P.C., we defend employers nationwide in all types of employment-related disputes and litigation. We represent employers of all sizes in all industries, and we handle matters involving contract employees, at-will employees, and organized labor claims. As a federal compliance and defense law firm, we are particularly experienced in matters involving employees’ statutory rights under federal law; however, we are experienced in state-level employment litigation as well, and our senior attorneys can defend your company regardless of the issues and allegations at hand.

Can an employer be sued for misclassifying employees as independent contractors?

Employers accused of misclassifying their employees as independent contractors can face liability in civil litigation and federal enforcement proceedings involving the Internal Revenue Service (IRS) and other agencies. Disputes frequently arise when workers claim that they have been misclassified as independent contractors, and therefore denied access to workers’ compensation, Social Security, and other employment-related benefits.

What are the laws that prohibit discrimination?

Multiple federal laws prohibit discrimination in the workplace. These laws apply to the recruitment, hiring, promotion, discipline, and termination of employees, and they offer remedies including damages, reinstatement, and protection against retaliation. We represent employers in all types of federal discrimination claims, including (but not limited to) those under the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act of 1964.

Can employers be civilly liable for illegal immigration?

Employers can face civil liability (and the potential for federal criminal prosecution) for a variety of issues in the area of immigration compliance. We defend employers accused of unlawfully hiring undocumented workers, underpaying immigrant workers, I-9 compliance issues, and other violations.

What are anti-discrimination laws?

In addition to federal anti-discrimination laws, many states have adopted anti-discrimination statutes that offer protections to other identified protected classes of employees. Our in-house attorneys and affiliated local counsel are available to handle state-law claims involving allegations of employment discrimination on the basis of gender identity, sexual preference, and other personal characteristics in states across the country.

What is liability insurance?

Liability claims involving work-related injuries and fatalities can become extraordinarily expensive if not handled appropriate ly. We defend employers in claims for workers’ compensation benefits, compensatory damages, and punitive damages involving all types job-related accidents and exposure events. This includes claims filed by employees and their families involving falls, fires, explosions, auto accidents, chemical and gas leaks, and other injury and mass-casualty events.

What is ERISA litigation?

ERISA Disputes and Litigation. The Employee Retirement Income Security Act (ERISA) is another federal statute that provides significant protections to employees. However, these protections have their limits, and employers will often have strong defenses against their employees’ ERISA-based claims.

Why are employment lawyers important?

Specializing in workplace laws, employment lawyers are an important factor in shaping the treatment of workers, and fairness in employment policy . Additionally, workplace lawyers help resolve disputes between employees and the employer, or disputes between co-workers. Employment attorneys help protect the rights of workers, ...

What can an experienced lawyer do for you?

An experienced lawyer will be able to walk you through the process, and help build your case for a potential lawsuit. Statutes of limitations exist on employment claims, so be sure to confirm date deadlines with your lawyer. A workplace attorney will also be able to advise you as to your next steps. For instance, if you are still employed, it may ...

Why is it important to consult a lawyer?

For this reason, amongst others, consulting a workplace attorney can be quite beneficial in protecting your rights and interests, as well as your future in the workforce.

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.

What does it mean when an employer does not fully compensate an employee?

This could mean an employer failed to compensate a worker for overtime hours or they did not distribute earned tips properly. Minimum wage issues are also wage disputes.

Do you have rights as an employee in Ohio?

As an Ohio employee, you have rights. There are legal protections in place at the state and federal level. Even if you are not an employee but are a contract worker, you have established rights in certain employment situations.

Is Ohio an at will state?

Ohio is an at-will state. Because of this, wrongful termination cases can be complex and difficult. In an at-will state, an employer can legally terminate an employee at any time and for any reason, provided doing so does not break any laws and there is no collective bargaining agreement or employment agreement in place. To prove a wrongful termination allegation, the work of the employee may be questioned. While the process can be emotional, there are options when a termination was unlawful (in violation of an employment law).

Is Wisconsin an at will state?

It should be noted that Wisconsin is an at-will employment state, meaning that an employer may terminate any employee for any reason so long as there is no contract in place and so long as the employer does not violate certain discrimination and retaliation laws. 2. Wage Disputes.

What is wage dispute?

Wage Disputes. This type of lawsuit arises when an employer is accused of not properly compensating a worker for their time on the job. This can include not paying workers for overtime or earned tips or not allowing regular paid breaks. Employers must also pay workers minimum wages.

Can an employer offer severance if you leave?

Employers may offer employees who leave their company certain types of compensation in return for signing a contract that includes non-disclosure or non-compete agreements. These types of severance agreements are often the subject of litigation. If you are a business offering such an agreement, or if you are an employee who has received one, speaking to an attorney will help you understand your rights established in the contract and address any issues that could arise.

What is the minimum wage in Wisconsin?

The current Wisconsin and federal minimum wage is $7.25 per hour. Wage disputes can also encompass worker misclassification, which occurs when an employer wrongly declares that a worker is an independent contractor instead of an employee.