when to hire an employment attorney

by Dr. Eric Robel MD 6 min read

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 should you consider when hiring a lawyer?

Things to Consider When Hiring a Lawyer
  • The 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 do you know if your lawyer is selling you out?

Signs of a Bad Lawyer
  1. Bad Communicators. Communication is normal to have questions about your case. ...
  2. Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ...
  3. Not Confident. ...
  4. Unprofessional. ...
  5. Not Empathetic or Compassionate to Your Needs. ...
  6. Disrespectful.
Aug 19, 2020

What is the retainer fee?

A retainer fee is an amount of money paid upfront to secure the services of a consultant, freelancer, lawyer, or other professional. A retainer fee is most commonly paid to individual third parties that have been engaged by the payer to perform a specific action on their behalf.

So when should I hire the employment attorney?

You have to know that your employer can commit several unlawful actions. This might violate your rights or at least put you at a serious disadvantage for something. With this in mind, you want to contact the employment lawyer as soon as possible when you are faced with any of the following situations:

Final Thoughts

To put things simply, you need to get in touch with the employment lawyer as soon as possible after becoming aware of a problem. When you wait, you are delaying the process. This can lead to not being able to prevent the unlawful actions of the employer. Also, you should know that there are time limits when it comes to filing complaints.

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 you don't seek legal help?

If you don’t seek legal help immediately, the delay can stop you from proving the illegal acts committed by your employer.

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 are the different types of law?

Lawyers often divide the practice of law into two broad categories: 1 Transactional law consists of negotiating agreements, drafting legal documents, and other functions that don't involve going to court. 2 Litigation means representing clients in judicial proceedings, including civil lawsuits, criminal defense, and appeals. This is the type of law most often portrayed in television and movies.

What is employment contract?

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 and obligations under these contracts. Federal, state, and local laws also place obligations on employers ...

What is transactional law?

Transactional law consists of negotiating agreements, drafting legal documents, and other functions that don't involve going to court. Litigation means representing clients in judicial proceedings, including civil lawsuits, criminal defense, and appeals.

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.

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 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 ...

What is an employment union?

Employment unions uphold workers’ rights and privileges. They act as arbitrators between workers, employers, and the law. However, many employees do not belong to an employee union. They’re mostly powerless or at a disadvantage when their employers take illegal actions against them. As such, employment lawyers represent them.

Why do employers need employment attorneys?

Employment attorneys help both employers and employees to have an adequate understanding of the state and federal employment laws. This way, employers are better guided when making bylaws for their companies.

What is the job of an attorney?

For attorneys that represent the employer, one standard duty they perform is helping their clients to continue in compliance with state and federal employment laws. These include anti-discrimination laws and other government policies. They make sure that their clients do not discriminate based on race, age, religion, national origin, color, disability, sex, and more.

Can an employee sue a third party?

An employee may issue a lawsuit against a third party other than the employer they work for directly. In some cases, it may be as a result of an injury acquired during work or something similar.

What are the causes of a class action?

Actions such as wage and hour violations, discrimination, and harassment are common causes for a class action.

What is contingency fee plan?

A contingency fee plan means that the lawyer will only charge the client out of the proceeds of the court action after a favorable or successful ruling. Depending on the agreement between lawyer and client, the lawyer can receive a prearranged first installment. They’ll get the balance after a successful court ruling.

How an Employment Lawyer Can Help Your Case

The complicated language of federal and state laws can be challenging for people outside of the legal profession to understand thoroughly. You may have a great case and not even know it! There may also be some federal or state laws that you did not even know existed. You may think or feel that your rights have been violated, but may not be sure.

The Next Step

Now that you have the answer to “What does an employment lawyer do?” you can take the next step.

Attorneys protect you from discrimination

One of the most common reasons to hire an employment attorney is if you feel you are being discriminated against by an employer in some way. This could be during the hiring process or once you are already hired.

Attorneys can help you understand complex documents

When you start a new job or a new project within your job, you likely will need to sign some paperwork. This paperwork can be very confusing, particularly if you are signing things like nondisclosure agreements. A good employment attorney can help you navigate this paperwork.

Attorney protection encourages employers to treat you better

It’s important to remember that ultimately, employers hate legal battles and will likely do anything to avoid one. By hiring an employment attorney, you are showing them that you are aware of your rights and aren’t afraid to assert them. This will encourage your employer to be respectful of your rights and the rights of other employees.

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