at what stage do i call a labour lawyer

by Elroy Abshire II 5 min read

When do you need an employment lawyer?

Apr 09, 2015 · How to Know When it's Time to Change Lawyers. It usually begins with a lack of communication. Your calls go unanswered and you hear nothing about your case for weeks or months. Maybe you get the sense that the lawyer's files are in disarray, or that he or she doesn’t remember the details of your matter from one meeting to the next.

How to prepare for a lawyer interview?

Jun 15, 2017 · Find out why you should talk to a lawyer first, and when you can skip the EEOC altogether. In this blog post, I will discuss the differences between the EEOC process and what an attorney for job discrimination can do for you. I will explain when and how you can opt out of the EEOC administrative process, and why you may want to go to a lawyer ...

Why can’t I hire a new lawyer quickly?

Mar 08, 2022 · Mining: Contact the Mine Safety and Health Administration (MSHA) at 1-800-746-1553 or file online to report mine safety or health hazards. If you have a problem, such as being forced to drive in unsafe conditions, fill out the online complaint form. Or you can call 1-888-DOT-SAFT ( 1-888-368-7238 ).

What is required of lawyers before they can practice law?

Obtaining a U.S. green card is a multi-step process. If you are a foreign worker seeking a green card, the first step in the process is normally to obtain a job offer from a U.S. employer. After that, the employer completes a labor certification on your behalf, which is itself a prerequisite to your applying for a green card.

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Discrimination and Harassment at Your Job

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination.Protections Included Under the LawTh...

Wrongful Discharge/Termination of Employment

If you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state's wr...

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal labor law that allows eligible employees to take an extended leave of absence from work.Situat...

Minimum Wage, Overtime, and Misclassification

The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. These incl...

Unsafe Workplace Complaints and Conditions

The type of workplace issue determines which government agency can help you.Ask a Question or File a Complaint About a Safety Issue in Your Workpla...

Workers' Compensation for Illness or Injury on the Job

Workers' compensation laws protect employees who get hurt on the job or sick from it. The laws establish workers’ comp, a form of insurance that em...

How long does it take for the EEOC to respond to an appeal?

The EEOC does not respond to your appeal with a decision within 180 days, You disagree with the EEOC's decision on your appeal (you must file your lawsuit within 90 days of the decision) The EEOC may also opt not to pursue your complaint and issue a "Notice of Right to Sue.".

How to file a lawsuit against the EEOC?

Just because your case starts with an EEOC complaint doesn't mean it has to end there. You have the option to quit the administrative process and file your own private lawsuit if: 1 The agency has not responded with a decision after 180 days and no appeal has been filed 2 The agency issued a decision and no appeal has been filed (you must file your lawsuit within 90 days of the decision) 3 The EEOC does not respond to your appeal with a decision within 180 days, 4 You disagree with the EEOC's decision on your appeal (you must file your lawsuit within 90 days of the decision)

What is the Department of Labor's Wage and Hour Division?

The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. These include the Fair labor Standards Act (FLSA). These laws govern:

What to do if you get hurt working for a private company?

If you get hurt working for a private company or state or local government, seek help through your state. Your state workers' compensation program can help you file a claim. If your claim is denied, you can appeal.

How to report mine safety?

Mining: Contact the Mine Safety and Health Administration (MSHA) at 1-800-746-1553 or file online to report mine safety or health hazards. For complaints about safety issues on the road, such as being forced to drive in unsafe conditions, fill out the online complaint form or call 1-888-DOT-SAFT ( 1-888-368-7238 ).

How to file a discrimination complaint?

How to File an Employment Discrimination Complaint. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws. Some state laws: Apply to businesses with only five or six employees.

What is the minimum wage?

The federal minimum wage is the lowest legal hourly pay for many workers. Tipped employees may have a different wage. The minimum wage is $7.25 per hour for covered nonexempt employees . Many states and cities also have minimum wage laws. Where federal and state laws have different rates, the higher wage applies.

How many employees are required to be covered by the EEOC?

Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.

What is workers comp?

Workers' compensation laws protect employees who get hurt on the job or sick from it. The laws establish workers’ comp, a form of insurance that employers pay for. These laws vary from state to state and for federal employees.

What is labor certification?

Labor certification, commonly known as PERM, is a multi-step process within itself, as explained here.

How long does it take to file a Perm application?

After the advertisements are complete, your employer will file the PERM application with the DOL using ETA Form 9089 (provided no qualified and willing U.S. workers applied for the job position) after the mandatory 30-day waiting period has passed. This waiting period begins the day after the last ad expires, and your employer cannot file the ETA 9089 until 30 days following the most recently placed ad's expiration.

Can the DOL approve a Perm?

The DOL can (1) approve the PERM (2) deny the PERM or (3) audit the PERM. If your PERM is audited, the DOL will ask your employer to provide additional evidence for the application. After your employer responds to the audit request, the DOL will review the new evidence and either approve or deny the PERM.

What to do when asking lawyer interview questions?

The best thing you can do when asking your lawyer-client interview questions during your initial consultation is just listen. This is the time when the client should be doing most of the talking. Follow client communication best practices and try to avoid cutting them off or filling in pauses.

How to conduct a conflict check?

Conduct a thoughtful pre-screen and conflict check 1 Pre-screen: Before you book the interview, have a set pre-screening process. Ask for basic information (for example, via an intake questionnaire) to help you decide if the client may (or may not) be a fit for your firm. You can make this process simpler for the client by using an online intake forms tool, like Clio Grow. 2 Conflict check: You’ll also want to do a conflict check before proceeding to ensure there are no conflicts of interest or other reasons that will prevent you from working with someone. Here again, an online intake tool can make this easier for you and the client. Clio Grow, for example, can be part of a robust conflict check process.

Why is client interview important?

The client interview is part of your overall client intake process, so it’s important to track it for efficiency and ensure that no potential clients get missed. If you’re using online client intake software, you can easily track and see a potential client’s status in stages (for example, “needs a follow up”).

What to do after reviewing client file?

Once you’ve reviewed the client’s file, prepare your questions for the client, and take some time to anticipate questions that the client may have for you. We’ll discuss more on what answers (for clients) lawyers should prep for before the interview below.

How to make a client feel comfortable?

You may deal with the law every day, but pursuing a legal issue can be stressful, draining, and even scary for potential clients. With this in mind, do your best to be emotionally sensitive and make them feel as at ease as possible.

Is it bad to not show up for an interview?

Especially if you’ve taken the time to thoroughly prepare for the interview, there’s nothing worse than a no-show. While some no-shows are unavoidable, often a simple confirmation email and a reminder can ensure your potential client makes the meeting.

What is the legal oath required for a lawyer?

Prospective attorneys must take a legally binding oath that they will uphold the codes and the Constitution of the United States, as well as the laws and constitution of the licensing state.

How long is the bar exam?

Most bar exams take roughly 18 hours and are spread over three days, and are administered twice a year. The exam includes standardized questions and essays on a variety of areas of law used to assess an individual's understanding of the law and capacity for logical thought. 4. Character and Fitness Review.

What is character and fitness review?

Character and Fitness Review. Since the practice of law is such a high stakes endeavor, involving the finances and in some cases the freedom of clients, each state bar requires applicants to undergo moral character and fitness reviews.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

How to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

Why is it important to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.

What are the bad things about lawyers?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

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Before The Lawyer-Client Interview

  • Conduct a thoughtful pre-screen and conflict check
    As our guide to client intake for law firms explains, an important part of an effective client intake processis to take steps to ensure that a potential client is a good fit before moving forward. Not every legal issue will be a good fit for you, your practice area, workload, and firm size. But that’s …
  • Review the client’s file
    The initial client interview should be for asking questions, not for learning basic client details. Before the interview, ask for any relevant information and documents so you can review them in advance.
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What Lawyer-Client Interview Questions Should You Ask Potential Clients?

  • While the exact questions you’ll ask should be customized to each potential client’s specific situation, these lawyer-client interview questions are a good starting point:
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What Answers to Client Questions Should Lawyers Prepare for?

  • The meeting isn’t just about you interviewing a potential client—the client will have questions for you, too. Being prepared for the common questions that clients have is key. Here are four common questions you should prepare to answer:
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Conducting The Lawyer-Client Interview

  • If you want to nail your initial consultation, it’s about more than just what attorney-client interview questions you ask. Follow these tips for interviewing in a client-centric way:
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Conclusion

  • Conducting a great client interview is critical to an effective client intake process. It’s also an important part of providing a client-centered experience. If you want to perfect your process, the key is to prepare with the right lawyer-client interview questions—and truly listen to their answers. By asking questions at the start, you’ll get a better idea of what your client expects from you (wh…
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