An attorney for workplace issues can play a critical role in holding an employer accountable when they violate the law. Such lawyers can help clients secure justice while also demonstrating to employers that they may face repercussions for their violations. As a result, such employers may be less likely to break the law in the future.
The following overview will help you better understand whether you may benefit from hiring an attorney in certain circumstances. It also explains why hiring an attorney is often a worthwhile investment from a cost-benefit perspective.
Signs Indicating the Need for an Employment Lawyer
When does an employee need an employment lawyer? There are various situations that may give you a reason to start searching for “employment lawyers near me.” Examples include:
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Unfair termination or wrongful dismissal: In at-will employment states, which include every state except Montana, workers can leave jobs whenever they wish for any reason they wish. At-will employment laws also grant employers the right to fire employees for nearly any reason (or for no reason at all). However, federal and state labor laws generally prohibit firing employees for discriminatory reasons. In addition, employers can’t terminate employees for engaging in such protected acts as whistleblowing.
- Workplace discrimination and harassment: Workplace discrimination can take a range of forms. For example, workplace discrimination could involve direct harassment, such as a worker being the target of jokes about their race, gender, sexuality, etc. It can also be subtle, such as an employer not letting a worker participate in training or development programs due to a protected characteristic.
- Contract disputes and negotiations: It’s important to remember that an employment contract is technically a legal document. Thus, some savvy workers enlist the help of lawyers for job interviews when negotiating their contracts. Work lawyer advice can help a potential employee ensure a contract is fair. Employee law lawyers can also be of assistance when employees have reason to believe employers have violated the terms of their contracts in some manner.
If you’re not sure whether an attorney can help with your case, consider meeting with one. The consultation is often free. A lawyer can review your case and determine if they’re able to help.
Understanding the Benefits of Hiring an Employment Lawyer
Hiring a lawyer for work issues is often a wise decision for several reasons. First, it’s important to understand that labor laws are complex and can vary from state to state. A lawyer for worker rights will be familiar with the relevant laws that may apply to your case.
A work lawyer may also have the means and resources to investigate your case. This is critical. Employers who violate labor laws may lie or distort the truth when justifying why they took certain actions.
For example, an employer who terminates an employee for discriminatory reasons might claim they fired said employee due to poor performance. Showing this is a falsehood might require conducting an investigation to gather evidence. Employment lawyers often gather evidence on behalf of their clients.
An attorney for a job-related issue may also help you receive the maximum amount of compensation for which you’re eligible when you file a claim, complaint, or lawsuit against a former employer. For instance, depending on the circumstances, you might be eligible to receive compensation for certain non-economic damages like emotional distress.
An employment lawyer can’t ethically promise you will receive a specific settlement. However, they can apply their understanding of the law to negotiate for a fair offer. A lawyer can also assist with ensuring compliance and avoiding legal pitfalls.
Cost-Benefit Analysis of Hiring an Employment Lawyer
If you’re asking “What can an employment lawyer do for me?,” you may also be wondering whether you can afford to hire one. If so, be aware that different employment lawyers may have different methods of charging for their services.
Perhaps you’re searching for a lawyer to sue an employer. Many such work employment lawyers enter into contingency fee agreements with their clients. This means they don’t charge upfront fees when they take on new cases. Instead, a lawyer may charge a percentage of the compensation they secure for their client as a fee. If a client doesn’t get paid, they don’t get paid.
That said, not every lawyer for job-related issues uses the contingency fee model. Some charge hourly rates, flat fees, or a combination. This may be more common when an attorney is providing advice or guidance. For instance, a lawyer may charge an hourly rate for help negotiating an employment contract.
It’s important to understand how an attorney charges for their services before hiring one. That said, depending on the nature of your case, you may not have to worry about paying any legal fees if you don’t receive compensation yourself. A legal professional’s assistance may also help you achieve a more desirable outcome in your case.
Real-Life Case Studies
The case of Thompson v. North American Stainless is one recent example of a high-profile employment law case that indicates how hiring an employment law attorney can help workers hold employers accountable for breaking the law. In this case, the plaintiff was actually the fiance of a coworker who filed a complaint alleging their employer engaged in gender-based discrimination.
The employer fired the plaintiff in apparent retaliation for the actions of their fiancee. The case made its way to the U.S. Supreme Court, where the Justices unanimously ruled in favor of the plaintiff. This ruling established that employers cannot retaliate against the family members of employees who file complaints.
Most employment law cases don’t need to go to the Supreme Court, of course. Case studies like this one merely illustrate the potential complexity of these cases and the valuable role attorneys can serve.
When to Consult an Employment Lawyer
Protecting yourself is important when employment issues arise. If you’re facing such an issue, begin by consulting your employee handbook to learn the process of filing an official HR complaint.
HR may not address the issue properly. Nevertheless, formally alerting HR of your concerns helps to establish a paper trail. When filing a complaint, stick to the facts and don’t allow emotion to cloud your judgment.
Consider meeting with attorneys for work related issues sooner rather than later if HR doesn’t resolve the matter. At the very least, a lawyer could provide you with information about your legal options.
Get in Touch With an Employment Lawyer Today
Again, there’s no financial risk in meeting with a lawyer to discuss your case. Doing so may be a smart decision if you believe an employer has broken the law or if you simply need assistance negotiating an employment contract. Get started today by taking the Free Case Evaluation on this page right now to get connected and speak with an employment lawyer accepting cases in your area today.