when should you consult an employment attorney

by Dominique Wiegand 4 min read

A person should contact an employment attorney in any of the following situations:

  • The person has been harassed at work;
  • The person has been treated in a discriminatory manner because of a protected characteristic, e.g. ...
  • The employer has retaliated against the person because they exercised a right such as requesting overtime pay to which they are entitled by law;.

More items...

An employer should contact an employment attorney if: They need representation in collective bargaining negotiations with a union; An employee has filed a complaint for discrimination or harassment against them; When an employee has filed a lawsuit naming them as a defendant for an employment related matter; or.Jun 11, 2021

Full Answer

When should I contact an employment lawyer?

 · 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. Also, there are usually time limits to asserting rights and complaints under the law; any delay risks losing the …

What should I look for when hiring an employment lawyer?

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. Help in drafting company policy statements, safety manuals, or employee manuals. …

Why do you need an employment lawyer?

Understanding When To Consult With An Employment Attorney If you feel that your employment law rights have been violated, it is important to know who you can turn to for proper help. Employment law issues typically happen in an event where the employer does not resolve any problem or concern an employee may have.

Why is it important to prepare for the attorney consultation?

Aug 30 2019. Most people who come to our office seeking an employment lawyer have concerns about the actions of their employer. These concerns involve issues that are wide-reaching: termination, harassment, demotion, discriminatory comments, inequitable salaries. The list goes on. Despite the wide variety of issues we see, people usually have one thing in common — they …

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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.

What should you consider when hiring a lawyer?

Things to Consider When Hiring a LawyerThe Firm/Lawyer's Specialty in the Areas of Law You Need.Years of Experience & Success.The Firm's Resources at Your Disposal.The Lawyers Communication with You to Make Sure You Know Whats Going On, and.Comfort Level when Speaking with the Lawyer and the Firm's Team.

How much does it cost to hire an attorney?

Throughout the United States, typical attorney fees usually range from about $100 an hour to $400 an hour. These hourly rates will increase with experience and practice area specialization.

How much does it cost to talk to a lawyer?

Lawyer fees for a consultation vary throughout the United States. On average, consultation costs will range from about $250 an hour to $350 an hour. Rates will change depending on location, type of law, and attorney experience.

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 can an employment lawyer advise employers about?

Of course, an employment lawyer can also advise employers about their rights and responsibilities regarding union workers and efforts of employees to unionize in an employer’s workplace.

What can an employment lawyer do?

An employment lawyer can help review or prepare contracts and agreements that you use with your employees such as employment contracts, severance contracts, or releases. Of course workplaces are subject to many different types of regulation by a number of different local, state and federal agencies, for example, OSHA.

What are the legal issues that employment lawyers handle?

Employment lawyers handle employment-related legal issues, including: Wrongful termination; Workplace discrimination; Sexual harassment; Contract violations;

How much does an attorney charge per hour?

Hourly rate: Most attorneys charge for employment cases according to a set hourly rate. In California, the median attorney hourly rate starts at $350 for smaller, less experienced firms and $450 for larger more experienced firms.

What to do if an employee is not unionized?

If an employee works in a non-unionized workplace and wants to try to unionize, the employee may well want to consult an employment lawyer. 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.

Why does an employer retaliate against a person?

The employer has retaliated against the person because they exercised a right such as requesting overtime pay to which they are entitled by law;. The person’s employment has been terminated in violation of an employment contract, express or implied;

What to do if you have a dispute with your employer?

If you are involved in an employment-related dispute, or if you need to ensure that you are in compliance with the many local, state or federal laws relating to employment, you should contact a local employment law attorney for assistance.

Why do employers need an employment attorney?

If you’re the employer, hiring an employment attorney is necessary if: You need representation for a collective bargaining negotiation.

Why do you need an employment lawyer?

Whether you’re the boss or just an ordinary employee, hiring an employment lawyer is necessary if you are involved in cases like workplace discrimination and contract violation.

What to do if your boss hasn't given you the benefits?

Your boss hasn’t given the benefits that were stated in your employment contract. Don’t hesitate to call an employment lawyer right away when you have a work-related issue. If you don’t seek legal help immediately, the delay can stop you from proving the illegal acts committed by your employer.

What is employment law?

Also, employment law terminology is typically hard to understand, and this is where a lawyer can help by explaining the terminology used in the legislation, handbooks, and in general legal papers involving employment. An employment lawyer plays a major role in handling legal conflicts between an employer and employee.

Do you need an attorney for an employment dispute?

You must hire an attorney if you’re involved in an employment-related argument, or if you want to make sure that you haven’t violated any federal or state employment laws. Any legal conflict between the employer and their employee always requires an experienced labor attorney.

Can you hire a whistleblower lawyer?

You can also hire one for whistleblower protection. Usually, an employment lawyer represents an employee who is not involved in a union and is powerless to prove their allegations against their employer .

Should an employee seek employment lawyer help?

It's great that you mentioned that an employee should seek an employment lawyer's help if their employer forced them to sign a contract that negatively affects or waive their work benefits or privileges.

What does a lawyer do after a preliminary consultation?

Just as you must evaluate the lawyer to decide if they are right for you, the lawyer must assess your legal claims to determine whether they should represent you. Once you have gone through the preliminary consultation and conflict check, the lawyer will likely schedule an in-person meeting to delve into your claims in greater detail.

What to bring to a lawyer for a job?

A copy of your most recent résumé. This helps give the lawyer a sense of your work history and the work you do.

What is an email from an employer?

Emails that you have between you and anyone from the employer that relate to your claims (your supervisor, coworkers, management, anyone).

Why is it important to have a lawyer?

It is important for the lawyer to determine your compensation, as your pay and benefits are often taken into consideration when determining the value of your case . Copies of any letters or other documents you or someone on your behalf gave to the employer.

Why do you need a written job description?

Written descriptions are particularly useful in a disability discrimination case. All documents that you have reflecting your job performance.

What are the situations that people often retain or consult an employment lawyer?

People also often retain or consult an employment lawyer when they believe they might be experiencing one of the following situations at work or in the hiring process: ageism. racism. sexism. harassment. pregnancy discrimination. discrimination due to a disability. unfair firing.

What does an employment lawyer do?

Employment lawyers perform the necessary research, present clients with their findings, lay out options, and represent their hirer in court or other legal meetings.

How much does a lawyer charge for a consultation?

However, others will charge a reasonable fee for legal advice. A charge of between $75 and $250 for a one-hour consultation is typical."

What to do if you don't know anyone to ask for a referral?

If you don't not know anyone to ask for a referral, Levey suggests contacting the local bar association for information on attorneys in the area.

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