what type of attorney works for employees

Why do you need an employment lawyer?

Call Brad: 888-600-8654. A lawyer for work-related issues, you need an “employment lawyer” or “labor law lawyer.”. The terms are interchangeable. California and federal labor laws and regulations protect workers in the United States, but many workers are unaware of their rights at the workplace. Some employers could take advantage of this lack of unawareness on the part …

How to find an employment lawyer?

Jul 09, 2014 · What is a Workplace Attorney? 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.

How to sue for hostile work environment?

There are two distinct kinds of employment attorneys: those who work on behalf of employers (mostly for compliance) and those who work for employees. This section will help you choose and work with an employment law attorney, with sample forms and information about legal fees. More Learn About Using an Employment Attorney

Do I need a lawyer?

Apr 10, 2015 · Given their experience, associates tend to bill clients at lower rates than partners. Therefore, as a client, you might prefer that certain work is handled by a smart associate for a lower hourly rate. Contract lawyers: A firm will sometimes hire outside lawyers as independent contractors to do part-time work. The firm will usually pay a contract lawyer on an hourly basis …

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.

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

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 are the 3 basic employment rights for a worker?

The Occupational Health and Safety Act entitles all employees to three fundamental rights: The right to know about health and safety matters. The right to participate in decisions that could affect their health and safety. The right to refuse work that could affect their health and safety and that of others.

Can employees take legal action?

The short answer is yes, and these are the most common reasons an employer can sue an employee successfully. While it is more difficult for an employer to sue an employee than vice versa, there are many valid legal reasons that an employer may bring a cause of action against an employee (or ex-employee) and win.

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 take my employer to court for stress?

Where an employer has ignored warning signs and work-related stress has led to a serious physical or mental illness, the employer may be sued for negligence. However, negligence claims cannot be brought in the employment tribunal, only in the ordinary civil courts.

What is it called when you are treated unfairly at work?

What is unfair treatment? Treating someone in your staff unfairly because of who they are is discrimination. It can lead to them feeling upset, shamed, and even scared. When this happens, you can expect their morale and their productivity levels to plummet.

Can employer recover losses from employee?

Your employer may subject you to disciplinary action, up to and including termination of employment. Additionally, your employer can bring an action in court to try to recover any damages and/or losses it has suffered.

What is considered workplace harassment?

Harassment is defined unwelcomed behavior and policies that are based upon an employee's race, color, creed religion, sexual orientation or gender identity, sex (including pregnancy and maternity), national origin, age (40 or older), physical or mental disability or genetic information.

What are the legal rights of an employee?

Employees have all the employment rights that workers do, as well as extra rights and responsibilities, including: parental leave and pay. Shared Parental Leave and Pay. maternity, paternity and adoption leave and pay.

What are the two basic rights of all employees?

the right to workers compensation. the right to a fair and just workplace. the right to fair pay and conditions.

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.

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.

Hiring an Employment Lawyer

This article has basic information about when you might need an employment lawyer, what you should look for when interviewing attorneys, and a brief overview of attorney fee structures.

Find an Employees' Rights Attorney in Your Area

Click here to search through FindLaw’s directory of quality-assured employment attorneys in your area. This comprehensive directory can be searched by city, metropolitan area, county, and state.

Attorney Intake Form: Facing Discrimination & Harassment At Work

Your attorney will need to gather information about your case in order to evaluate its legal merits. This sample intake form, available in PDF and Word formats, will help you prepare the necessary information for that first consultation.

Types of Legal Fees

Over time, attorneys have gotten more and more creative with their fee structures. Read through this list of fee structures so that you can understand how your attorney is going to charge you.

Types of Legal Costs

In addition to legal fees, attorneys will often pass some basic costs on to you. This article lists the type of costs attorneys frequently pass on to their clients.

Reducing Your Costs and Expenses

Not everyone understands their legal bill, but they do understand that legal bills tend to be too high. Here is list of sensible, easy things to do that might help manage the bottom line.

Why is paralegal important?

Paralegals can serve a very important role in a law firm by providing critical support to lawyers when they are working on cases. In many instances, paralegals have a practical working knowledge of the law and of court or administrative procedures that makes them valuable to a law firm.

What is a partner in a law firm?

Partners: People commonly refer to the owners of a law firm as being the "partners.". Partners are usually the most experienced lawyers in a firm and, consequently, they charge the highest fees and receive a share of the overall profits. Depending on the legal structure of the firm, they might be called "Members" or "Shareholders.".

What is a law clerk?

Law clerks: Law clerks are ordinarily current law students working at a firm for academic credit, or for a small amount of money. Clerks will do legal research and otherwise assist lawyers in preparing cases and working on other law-related matters. Like associates, firms will bill out clerks at a much lower rate than partners.

What is a legal assistant?

Legal assistants: This is a catchall term that is sometimes used by law firms to describe anyone in a law office who assists attorneys in working on legal matters. It may include paralegals, legal secretaries, and other support staff.

What is a receptionist in a law firm?

He or she is the firm's initial contact with the outside world, and generally answers phones and greets clients at the door . Some receptionists double as paralegals or legal assistants, depending on the nature of the law firm.

What is administrative staff?

Administrative staff may include accountants, bookkeepers, librarians, billing and accounts receivable personnel, and human resources personnel. Marketing directors: Responsible for creating a positive image for their law firms, marketing directors are charged with attracting new clients and retaining existing ones.

What is an associate lawyer?

Associates: Lawyers who are employed by a firm, but who aren't owners, are usually called "associates.". Associates can be excellent lawyers, but typically have less experience than the partners of the firm. Much of their work will be reviewed by partners, and they may have very little personal contact with clients for their first few years at ...