when can an attorney represent both an employee and the employer

Employment lawyers represent both employees and employers in connection with issues involving both state and federal employment law. Employment lawyers make sure that all employees are treated in a fair and consistent manner and that employers are in compliance with all of the many local, state and federal laws that apply in the modern workplace.

Full Answer

Can my law firm represent me if I am an employee?

There is no rule against your law firm agreeing to represent you. The firm must follow all ethical rules. Also, if you end up with a disagreement on your lawsuit as an at will employee your employment could be in jeapordy. However, I have represented firm employees previously without problem.

When is a lawyer “employed” by an organization?

However, the plain meaning of New York Rule 1.13 (a) is that a lawyer “employed” by an organization (meaning inside counsel) or “retained” by an organization (meaning outside counsel) “is the lawyer for the organization and not for any of the constituents.” Now let’s turn to two cases that applied this principle.

Is it legal for a lawyer to represent another lawyer?

Ask a lawyer - it's free! No, there is no such rule. However, the fact that it is ethical does not mean it is advisable. Many law firms have a rule or policy probihiting its lawyers from representing other firm personnel because it is a potential source of disharmony, discord and conflict within the firm's working environment.

When should you contact a lawyer for an employment agreement?

If any of these happen to you, you should contact a lawyer immediately: Your employer or former employer sues or threatens to sue you; You’re being asked to sign an agreement that you don’t fully understand, especially if it’s a non-compete, confidentiality, arbitration, or employment agreement;

Can an in-house counsel represent an employee?

According to this opinion, in-house counsel is not per se prohibited from simultaneously representing an employee and an employer. However, as in any instance involving multiple clients, counsel should review the rules of professional conduct before embarking on a path of dual representation.

Was Yanez a company employee?

Plummer responded that Yanez was a company employee and Plummer was his attorney for the deposition, and as long as Yanez told the truth in the deposition, Yanez's job would not be affected. Plummer never told Yanez about any conflict of interest involving Plummer representing the company and Yanez at the deposition.

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 is the relationship between an employer and an employee?

The employer-employee relationship is subject to many legal requirements and restrictions. At one level, employment is a contractual matter between an employer and each of their employees, or between an employer and a labor union authorized to bargain collectively on behalf of the employees. Employers need to understand their rights ...

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.

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 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.

What is the National Labor Relations Act?

The federal National Labor Relations Act governs the conduct of both employers and unions when they negotiate collective bargaining agreements. This statute prohibits employers from interfering with efforts by employees to organize or join a union.

What is the right to fair representation?

Right to fair representation. You have a right to be represented by your union fairly, in good faith, and without discrimination. Your union has the duty to represent all employees - whether members of the union or not-fairly, in good faith, and without discrimination. This duty applies to virtually every action that a union may take in dealing ...

Does the duty of a worker apply to unions?

But the duty does not ordinarily apply to rights a worker can enforce independently - such as filing a workers' compensation claim - or to internal union affairs - such as the union's right to discipline members for violating its own rules.

Why does the executor of an estate need not provide substantive legal advice to potential beneficiaries?

477 (1977) (explaining that the lawyer for the executor of an estate need not provide substantive legal advice to potential beneficiaries because doing so would violate the lawyer’s duty to provide undivided loyalty to his client, the executor).

Did plaintiffs allege that they had direct contact with S&K?

Here, the Court of Appeals observed, plaintiffs did not allege that they had “direct contact or any relationship — contractual or otherwise — with S&K.” indeed, plaintiffs acknowledged that the offering memoranda advised prospective limited partners to consult their own legal counsel before investing.

Does a lawyer represent constituents?

But the focus of this article is on whether the lawyer automatically represents constituents by operation of law, even if the lawyer has not intentionally undertaken to represent them. The answer is usually “no.”. As a general rule, the lawyer for an entity does not automatically represent the entity’s constituents.

Is a lawyer considered a lawyer for a limited partnership?

Likewise, a lawyer who represents a sizeable limited partnership will not automatically be considered the lawyer for the limited partners.

What happens if an employer fails to investigate sexual harassment?

If an employer fails to investigate misconduct, such as sexual harassment or threats of violence, the alleged victim may have grounds for a lawsuit against the employer. Whether an employee who is being investigated for misconduct has a right to legal representation during an investigation depends upon the type of employment.

Why do employers terminate employees?

Termination Due to Insubordination. Employers conduct internal investigations for a variety of reasons, such as violations of work rules, substance abuse and even attitude problems. When an employer receives a complaint from an employee about workplace discrimination or another matter that involves alleged violations of law, ...

Why are public sector employees more protected than private sector employees?

This is because the Constitution protects individuals from the actions of government, and government employers fall within that scope . Thus, public sector employees have the right to be protected from self-incrimination when an investigation is related to possible criminal conduct, which is why public sector employees generally have the right to have legal representation present during investigative interviews. The Constitution does not protect individuals against the actions of private employers during investigations; however, employees of private sector, unionized workplaces have greater rights than private sector employees in nonunion work environments.

Can an employer take legal action if an employee is terminated?

Absent bylaws specifically precluding an employee from bringing legal representation to an investigatory interview, an employer may face legal action if an employee is terminated based on his request for the presence of legal counsel. References.

Does the Constitution protect against private employers?

The Constitution does not protect individuals against the actions of private employers during investigations; however, employees of private sector, unionized workplaces have greater rights than private sector employees in nonunion work environments.

Should employers keep documents secure?

Employers are wise to keep all documents relating to the investigation secure , as the employee who is under investigation has a reasonable expectation of privacy; leaked information that could cause the employee embarrassment may give rise to a lawsuit.

Do you have to have an attorney for an employee?

Any employee — whether employed in the private or public sector — has a right to legal representation. However, private sector employers are not required by law to allow an employee's attorney to sit in during investigative interviews.

Who should be the sounding board for an employee?

It could be a spouse or partner, a good friend, shop steward, or even a counselor in an employee assistance program (EAP).

What do you sign at a disciplinary meeting?

To attend a disciplinary meeting (take good notes, don’t sign anything except a form acknowledging receipt of the discipline , and sign “as to receipt only, rebuttal to follow); To sign documents you understand, like applications, insurance forms, and tax documents.

What to do if you are thinking about filing a lawsuit?

If you’re thinking about filing suit, you probably want to speak to a lawyer. Confusing claims: There are some employment laws on the books that you might not be aware of, so you might have a case you don’t know about. And there are some laws you think exist, that don’t.

When a work situation has reached a level where initiating an agency complaint or process is being considered, should an

When a work situation has reached a level where initiating an agency complaint or process is being considered, an employee should approach the decision as objectively as possible, despite the fact that at such a point the situation likely is very emotionally charged.

Do employers take terminations seriously?

Being taken seriously: Some employers don’t take you seriously unless you have representation.

Why do law firms have a rule or policy probihiting its lawyers from representing other firm personnel?

Many law firms have a rule or policy probihiting its lawyers from representing other firm personnel because it is a potential source of disharmony, discord and conflict within the firm's working environment.

Can a law firm represent you?

It depends on the type of case the firm attorney is representing you on. If your case has nothing to do with your relationship with the firm, the attorney can probably represent you if the law firm does not prohibit firm attorneys from handling any non-firm cases...

What are the principles of a lawyer?

General Principles. [1] Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests. For specific Rules regarding certain concurrent conflicts ...

Why is a lawyer asked to represent several individuals seeking to form a joint venture likely to be materially limited in

For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others.

What is a conflict of interest in a lawyer?

[8] Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer's other responsibilities or interests. For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others. The conflict in effect forecloses alternatives that would otherwise be available to the client. The mere possibility of subsequent harm does not itself require disclosure and consent. The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.

What are the critical questions in a lawyer?

The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.

Can a client terminate a lawyer's representation?

[21] A client who has given consent to a conflict may revoke the consent and, like any other client, may terminate the lawyer's representation at any time. Whether revoking consent to the client's own representation precludes the lawyer from continuing to represent other clients depends on the circumstances, including the nature of the conflict, whether the client revoked consent because of a material change in circumstances, the reasonable expectations of the other client and whether material detriment to the other clients or the lawyer would result.

Can a lawyer consent to representation?

[14] Ordinarily, clients may consent to representation notwithstanding a conflict. However, as indicated in paragraph (b), some conflicts are nonconsentable, meaning that the lawyer involved cannot properly ask for such agreement or provide representation on the basis of the client's consent. When the lawyer is representing more than one client, the question of consentability must be resolved as to each client.

Can a lawyer's own interests have an adverse effect on representation of a client?

Personal Interest Conflicts. [10] The lawyer's own interests should not be permitted to have an adverse effect on representation of a client. For example, if the probity of a lawyer's own conduct in a transaction is in serious question, it may be difficult or impossible for the lawyer to give a client detached advice.