Employment Lawyers manage legal aspects of work, handling disputes and contracts.
Their expertise remains valuable amid varying employment rates.
Empathy and sound judgement are crucial due to sensitive matters they often deal with.
Some of the common tasks that lawyers in this practice area help with include:
Explanation of Rights
Employment lawyers clarify client rights, applicable laws, and options like litigation, mediation, or negotiation.
They advise on pros, cons, and optimal case strategies.
Compliance
Employment lawyers assisting employers ensure legal compliance, draft anti-discrimination policies, uphold OSHA standards, and defend them before governmental bodies.
Filing of Complaint
Employment lawyers assist employees by filing claims with government agencies like the EEOC, explaining deadlines and necessary details for legal action.
Litigation
Employment lawyers handle lawsuits: employees for discrimination, termination, benefits issues, and wage disputes, and employers in defense or non-compete conflicts.
Some legal claims that employment lawyers assist with include:
Wage and Hour Lawsuits
Wage and hour claims arise when an employee does not receive the compensation to which he or she is entitled.
An employer may be asking the employee to work off the clock, or the employee may not be receiving overtime pay.
These types of claims can also arise when employees are misclassified in order to avoid paying overtime rates to employees.
Employment Discrimination Lawsuits
Discrimination lawsuits stem from adverse actions based on protected status.
Laws like Title VII, Age Discrimination Act, and ADA safeguard employees.
Varying laws apply to employers of different sizes; states may offer additional protections.
Employment Class Actions
When many employees are similarly affected by adverse action by an employer, such as discrimination or a wage and hour claim, the employees may join together in a class action against the employer.
This arrangement involves multiple plaintiffs. The advantage for the employees is that they can split the cost of litigating between the party members.
Workers’ Compensation Claims
Workers’ compensation claims arise when an employee is injured or becomes ill due to work.
An employment lawyer may assist an employee in filing a claim or an appeal.
He or she may also represent the employer’s interests and help substantiate a denial.
Third Party Lawsuits
In some cases, an employee may have a third party lawsuit against another party other than an employer for a work-related injury.
Employment lawyers help prepare complaints, communicate with the legal representative of the other side and appear in court on behalf of the client.
Union Issues
Employment lawyers may help advise employees of their right to form a union and other rights, such as being free of discrimination based on their protected union activity.
They may also advise employers on their rights and responsibilities regarding union workers.
Responsibilities of an Employment Lawyer
Employment Lawyer Responsibilities include:
- Legal research on past cases.
- Drafting legal documents and contracts.
- Providing advice and negotiating for clients.
- Representing clients in court and tribunals.
- Working in the best interests of employers and employees.
- Staying updated on employment laws.