when an employee gets an attorney

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem. If your employer-employee relationship becomes strained on account of a dispute involving wages, workplace safety, discrimination, or wrongful termination, it's helpful to know an employment attorney who can explain both sides' rights and duties.

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When should I hire an employment lawyer?

Jun 11, 2021 · 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. They can inform employees of their rights, such as the right to be free of discrimination based on their protected union activity. Of course, an employment lawyer can also advise employers about their rights …

What is an employment lawyer?

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 do employers hire attorneys to represent employees?

May 30, 2017 · The answer is “No.” While employees in union workplaces do have a right to have a representative present during investigative interviews that could result in discipline, employees – …

When the employee says “I Want my Lawyer?

Labor and Employment. Morgan & Morgan files the most employment litigation cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes. The workplace should be a safe place.

Why is it important to have an employment lawyer?

An employment lawyer focuses on ensuring that the legal rights of employees are protected, and that the employer is treating the employee fairly. Employers also have legal rights. The law protects both, so many clients prefer to work with a law firm that focuses on their specific needs.

Should I tell HR I have a lawyer?

In most situations, it will NOT help an employee to drop the L-bomb, and tell your employer that you're retaining a lawyer. In many situations, the employee's mere mention of the L-word makes the employer even more upset, makes the employer take more adverse actions, and makes the situation worse.Jan 6, 2010

What do you say when contacting an attorney?

0:261:20What To Say When You Call An Attorney - YouTubeYouTubeStart of suggested clipEnd of suggested clipKnow kind of ballpark. Terms where you're coming from. And then you can elaborate on your specific.MoreKnow kind of ballpark. Terms where you're coming from. And then you can elaborate on your specific. Situation. And when you keep it simple in the beginning it really does make it easier.

What is an attorney called?

Names. attorney, advocate, barrister, counsel, judge, justice, solicitor, legal executive.

How can I scare HR?

5 Terrifying Things That Will Spook HRFINANCIALLY-CRIPPLING FORM I-9 FINES. Nothing strikes fear in an HR manager like the dreaded words “ICE Audit”, and for good reason. ... NEGLIGENT HIRING LAWSUITS. ... SKIMPING ON SEASONAL HIRING. ... HIRING THE WRONG CANDIDATE. ... CLASS ACTION LAWSUITS.Oct 26, 2015

When should you talk to HR?

In general, if something connected to your work, workplace or colleagues makes you feel unsafe or unsure, and you don't feel comfortable speaking to your direct supervisor, talk to HR.

How do I prepare for an attorney meeting?

Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.

What should I know before calling a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•Feb 6, 2020

When should I call my lawyer?

When is it important to call a lawyer? The primary question you need to ask if you are going to contact a lawyer is: “what is at stake?” If a case or situation is likely to affect or has affected your personal finances, liberties, or personal health and well-being, it is likely reasonable to ask for legal help.

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...

What's the difference between lawyer and attorney?

A lawyer is an individual who has earned a law degree or Juris Doctor (JD) from a law school. The person is educated in the law, but is not licensed to practice law in Pennsylvania or another state. An attorney is an individual who has a law degree and has been admitted to practice law in one or more states.May 9, 2020

Which is higher lawyer or attorney?

There is no difference between a lawyer and an attorney when they're working as in-house counsel. In this case, both must pass the state bar to be eligible to provide legal advice. In the US, these legal professionals work for corporations or other types of organizations.Sep 16, 2021

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.

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.

How to fire an employee?

Here are a few situations when you should consider asking a lawyer to review your decision to fire: 1 The worker has a written or oral employment contract that limits your right to fire (for more on employment contracts, see Nolo's article Written Employment Contracts: Pros and Cons ). 2 The employee may believe that he or she has an implied employment contract limiting your right to fire. 3 The employee has benefits, stock options, or retirement money that are due to vest shortly. 4 The employee recently filed a complaint or claim with a government agency, or complained to you of illegal or unethical activity in the workplace. 5 The employee recently filed a complaint of discrimination or harassment. 6 Firing the employee would dramatically change your workplace demographics. 7 The employee recently revealed that he or she is in a protected class -- for example, the employee is pregnant, has a disability, or practices a particular religion. 8 You are concerned about the worker's potential for violence, vandalism, or sabotage. 9 The worker has access to your company's high-level trade secrets or competitive information. 10 You are firing the worker for excessive absences, if you are concerned that the absences may be covered by the Family and Medical Leave Act or the Americans with Disabilities Act. 11 The employee denies committing the acts for which you are firing him or her, even after an investigation. 12 The employee has hired a lawyer to represent him or her in dealing with you.

What is misclassification in employment?

Misclassification often comes with a hefty price tag, which can include years of unpaid overtime and penalties for multiple employees. Other decisions. You may also wish to have a lawyer review any employment decision that will affect a large number of employees.

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.

How long does it take to file a lawsuit?

The time limits for taking action are very short -- many courts require you to file a formal, legal response to a lawsuit within just a few weeks. As soon as your receive notice of a lawsuit against you, begin looking for a lawyer. Claims and complaints.

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 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 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 can an employment attorney do?

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem, from wages and workplace safety to discrimination and wrongful termination. But when is it appropriate to reach out?

What is FLSA in employment law?

If the problem is on-time pay, overtime, or proper pay classification (non-exempt versus exempt status), the attorney can help the employee navigate the Fair Labor Standards Act (FLSA) to determine if the possibility exists that rights have been violated and help the employee with next steps. There are a plethora of labor laws an employer could ...

Can an employer violate labor laws?

There are a plethora of labor laws an employer could easily violate unknowingly (or willfully), and since there are different employee count and tenure thresholds for different laws, it's helpful to get guidance from an attorney.

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.

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.

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.

What is defamation in the workplace?

Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.

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.

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 the federal law on employment?

Federal legislation addressing employment law include: Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act of 1990 (ADA), among others .

What is a private attorney general?

Under these statutes, winning attorneys are dubbed "private attorney generals," charged with enforcing the rights of the public.

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 minimi…

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