when should an attorney be consulted for legal advice related to employment law issues?

by Ricardo Rippin PhD 10 min read

Employees and independent contractors have various rights that must be protected. If you are facing any issues related to employment law, such as an employee contract dispute, you should absolutely consult with an employment law attorney in your area.

It might be worth hiring a lawyer to represent you if any of the following occur:
  • The employee raises serious claims that could result in a large award of damages against you.
  • Other employees or former employees have made similar allegations, either to the agency or within the workplace.

Full Answer

When to get legal advice on an employment decision?

Jun 11, 2021 · A person should contact an employment attorney as soon as they become aware of an issue. If a person waits to contact an attorney, the delay could prevent them from proving the conduct committed by the employer and thus from recovering damages.

Do I need a lawyer to handle employment matters?

Apr 25, 2020 · Why Should You Consult an Employment Lawyer? The sooner you consult with an employment lawyer the better. This is because as time goes on, you are likely to forget all the facts and the chances of acquiring all of the necessary documentation for your case decreases. If you do not consult an employment lawyer in Los Angeles on time it is possible that you may …

When should I contact an employment lawyer?

If You Are Experiencing Issues With Your Employees: There may be many occasions in which you may need to consult with an employment attorney, especially when running your own business. Some of the most common workplace issues are the following: Wage and hour compliance and disputes. Issues regarding visas and immigrant labor.

Why do I need a lawyer to check my contracts?

Whether you were the victim of sexual harassment or believe your employer owes you wages that you earned, we are ready to help and provide legal counsel. Please call (213) 568-4000 or contact us online for more information from our employment lawyers about your options under the …

When should you consult with legal counsel?

Some of the common reasons to consult legal counsel are: Before entering into any contract for the purchase or sale of real estate, personal property of significant value. All contracts should be in writing and review before formation. For tax planning, and to avoid tax issues.

Who should you consult if you have questions or concerns about the law?

We suggest that you consult with your attorney. Your attorney directly represents your interests and is the one whose advice would be most helpful to you.
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You may contact the Inspector General as follows:
  • Office of the Inspector General.
  • P.O. Box 348780.
  • Sacramento, California 95834-8780.
  • Telephone: (800) 700-5952.

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.

What are 3 main duties and professional responsibilities of a lawyer?

Duties
  • Advise 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.

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.
  • How long have you practiced law? ...
  • What type of cases do you generally handle? ...
  • Who is your typical client? ...
  • How many cases have you represented that were similar to mine?
Apr 13, 2018

How can I get free legal advice in California?

California Rural Legal Assistance, Inc.

Phone number is (415) 777-2752. Central California Legal Services - Another non-profit law firm that offers free services and representation. They provide legal assistance to low income families and others in the following counties across the state.

What does employment law do?

Employment law regulates the relationship between employers and employees. It governs what employers can expect from employees, what employers can ask employees to do, and employees' rights at work.

What is considered wrongful termination in California?

California wrongful termination occurs whenever an employee is fired for an illegal reason. If this happens, you can sue your employer to recover damages. In some cases, the employer will have to pay significant extra penalties and costs.

What are the California labor laws?

California law requires an employer to pay employees overtime for all hours worked in excess of 40 hours in a workweek and eight hours in a workday. An employer is also required to pay overtime to employees who work a seventh consecutive day in a workweek.Jan 1, 2022

What is the most important task of a lawyer?

Providing legal advice and guidance. Writing contracts. Meeting clients (individuals or businesses) Attending court hearings.

What's the difference between a lawyer and an attorney?

People often confuse the words attorney and lawyer, believing them to serve different functions. However, the only real difference between the two is the region in which the word is used. They are effectively the same thing in terms of law, whether that be commercial, corporate, commercial law or contract law.Nov 30, 2016

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.Nov 25, 2014

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 ...

3. Employment Contract Drafting and Review

As is the case with all types of contracts, an employment contract is a legal document that details important rights and obligations.

4. Drafting Company Policies

Keeping company policies transparent and up to date is a vital part of running a company. Most importantly, it is crucial that new policies do not violate any laws.

5. Representation in Administrative Proceedings Brought By an Employee

Employment law is regulated by multiple administrative agencies, including the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Labor.

6. Deciding Whether and How to Sue an Employee

We all hear stories about employees suing their former employers, but employers have rights too. In some situations, it may be appropriate, and even necessary, to sue an employee .

Do I Really Need an HR Attorney?

Employment matters are delicate and often complicated. To make matters even more difficult, employment law is constantly evolving. Even so, this does not obviate an employer’s obligation to ensure that it partakes in legal practices at all times.

Contact a Human Resource Attorney Today

The human resources lawyers at BrewerLong have the expertise and resources necessary to help you navigate your employment-related legal needs.

Kristi Benson

Managing, directing and motivating a workforce is a key factor in building a successful business. Kristi helps business leaders create and manage highly effective teams throughout every stage of their businesses.

You believe you were the victim of unlawful discrimination or retaliation

California law protects employees from various forms of discrimination. Discrimination based on certain protected factors is prohibited. Employers can not discriminate on the basis of:

You were subject to harassment at work

The law also prohibits harassment based on any protected characteristics in the workplace. Of all the forms of harassment, sexual harassment is the most common, although it is not the only type of harassment that occurs.

You were terminated for wrongful reasons

Getting fired never feels good. While many employers have the ability to terminate employees at will in California, there are prohibited reasons for firing employees. Wrongful termination occurs when an employer fires someone for unlawful reasons, including:

Your employer owes you unpaid wages

California has strict laws regarding employee wages and overtime. If you are non-exempt, you deserve to be paid the minimum hourly wage (currently $12.00 per hour for the state, but the rate is higher in some California cities), as well as time-and-a-half overtime rates for hours worked in excess of 40 per-week or eight per-day.

Consult with an employment attorney in Los Angeles, CA today

At the law firm of Blair & Ramirez LLP, we represent employees in many types of cases. Whether you were the victim of sexual harassment or believe your employer owes you wages that you earned, we are ready to help and provide legal counsel.

What is a legal consultation?

A legal consultation is a chance for you to ask questions and determine whether you would like to move forward with that attorney. For the attorney, they will determine if they are able to competently represent you, and if they can legally represent you, given the facts of your case.

What can an attorney do for you?

An attorney can also review the evidence you provide them with, and determine how best to proceed. Most importantly, your attorney will be able to represent you in court, as needed, to protect your legal rights and potentially recover a damages award for you. If you are experiencing workplace discrimination, it is especially important ...

Is a consultation free?

Most initial consultations are free of charge. However, you should verify this with the attorney prior to the meeting. Regardless of if you are paying for this consultation, you should try to get the most out of it by being prepared and asking relevant questions.

How to prepare for a consultation?

One of the best ways to prepare for a consultation is to compile documentation related to your case. It is important to bring every document you have for the attorney to review, as the attorney themselves will be able to properly determine which documents are relevant and which are not. In initial consultations involving employment law, ...

What is employment law?

Employment law is a broad term which covers the legal aspects related to employment, employers, independent contractors, and employees. Employment law creates specific guidelines to govern many different subjects, from selecting and interviewing employees to work disputes and termination of employment. Both employers and employees must follow these ...

What is the legal reason for termination?

Importantly, a legal reason for termination includes having no reason at all. Many employment law cases involve employee status designations, wrongful termination, and employment contracts. State employment laws regulate employment contracts, as well as the clauses contained within such contracts. An employment contract is an agreement between an ...

Is an employment contract binding?

Once the employee has signed the contract, it is considered to be legally binding. It is common for an employment contract to designate an employee as at-will employee. Employment discrimination is discrimination in the workplace. This discrimination is based on belonging to a protected class, such as: Race; Sex; Religion;

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.

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.

How to file a lawsuit against an employee?

It might be worth hiring a lawyer to represent you if any of the following occur: 1 The employee raises serious claims that could result in a large award of damages against you. 2 Other employees or former employees have made similar allegations, either to the agency or within the workplace. 3 The employee has indicated that he or she intends to file a lawsuit (in this situation, the employee may just be using the administrative proceeding to gather evidence to use against you in court). 4 The employee has hired a lawyer.

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.

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 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 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.