HOW TO GET AN EMPLOYMENT LAWYER TO REPRESENT YOU.
Yes, it is essential to have the assistance of an experienced labor law attorney for any labor law issues you may have. Having a lawyer for labor law issues can be very beneficial to any employee.
Most lawyers will provide a free initial consultation where you can explain your legal issues and evaluate whether the attorney is the right person for the job. Employment lawyers usually represent either employers or workers—not both—so make sure you’re hiring an attorney who works on behalf of employers.
As an employer, an experienced employment attorney can assist an employer with a wide variety of issues related to employment. Many employment lawyers can educate employers about the state and federal laws that apply in the employer’s particular workplace.
Employers: Selecting a Good Lawyer. Most lawyers who specialize in employment law will predominantly represent either employers or employees. Thus, an employee with a claim against his or her employer, will probably hire a "plaintiff's lawyer" who usually represents employees in employment law matters.
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.
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.
Employment lawyers handle employment-related legal issues, including: Wrongful termination; Workplace discrimination; Sexual harassment; Contract violations;
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.
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.
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;
Before meeting with a lawyer, a person should prepare themselves to describe their problem with a brief, clear summary.
Labor laws are a broad set of laws, rules, and regulations that apply in employment settings. The main goal of these laws is to protect the rights of employees. Common labor law disputes include: Worker’s compensation. The term labor law can be almost interchangeable with the term employment law.
In order to report an unfair labor practice, an employee must file a complaint with the nearest NLRB regional office. The NLRB will then investigate the complaint and attempt to reach a settlement.
For example, the NLRA grants employees rights including: To form a union if one does not exist; To join a union; To decline to take part in union activities; To do away with a union, if certain conditions are met; and. To be fairly represented by a union.
The goal of this law is to ensure that the rights of the employees are not violated. For example, the NLRA grants employees rights including: To form a union if one does not exist; To join a union;
An employment contract is an agreement between the employer and employee that outlines the basic responsibilities of the employee. When the employee signs in the contract, it is deemed binding. There are various types of employment contracts that employees may be required to sign. These include:
There are typically two broad categories of employees, an at-will employee or a contingent worker, such as a contract worker. Most state laws provide that employment is at will. This means that an employer can terminate an employee from a position for any reason, so long as that reason is not illegal.
United States labor laws are very unique. While they vary from state to state, there are overreaching federal laws that can override state labor laws. A labor rights lawyer can assist an individual with any labor issues they have and advise them of what labor laws apply in their state.
1. Always Use Personal Communication Methods to Contact a Legal Professional. It is important when you contact a law office about your legal concerns that you do so on a private e-mail account, cell phone, home phone and/or computer. Please do not use any company-provided e-mail, phones or computers.
It may sound trite, but getting along with your attorney is a critical factor in the success of any legal undertaking. Try to relax and communicate clearly, while being honest and direct. You and your attorney must have trust and confidence in each other to give you the best chance to resolve your claim.
If your employer has a written harassment policy, be ready to describe what actions, if any, your employer took to correct the harassing behavior after you reported it (Remember your steps; reporting is important) Try to be succinct, giving a concise breakdown of your claim.
Attorneys act as your spokespersons before the court, to put your best story forward. Both sides must communicate clearly to one another to achieve a favorable result. You want a lawyer you feel comfortable with. Someone who responds to you with intelligence and compassion, and who listens to your story. Here are 10 helpful – no, critical – steps ...
That’s just as important for the client as it is for an attorney. If a cursory evaluation shows no laws have been broken, you will have no recourse in a court of law, and don’t need legal representation.
Prepare a summary of your economic (financial) damages. Bring pay stubs, salary information, anything that shows how this situation is impacting you financially. If you have seen a mental health counselor regarding these incidents, be sure to tell the lawyer. If you have been unable to find a new job, keep track of those efforts, so you can prove your termination caused you loss of “future income.” The attorney needs to know how you were damaged and what you expect to recover. Many clients have unrealistic expectations about their case based on things they’ve seen on television or read online. Every case is different. Proof of events, credibility of witnesses and many other circumstances and variables make each case unique. A good attorney will want to focus on you and the facts of your case, to attempt to build a winning legal strategy.
Immediately after the discrimination, harassment, or other qualifying incident occurs, you should be reaching out to potential attorneys. All laws have varying timelines requiring action to protect a claim. So waiting around can cause you to have a rough time finding representation, if you’ve let so much time go that your deadline is about to run or, worse, has already done so. If you blow a statute of limitations or other deadline, you will have no case. Period. Attorneys need adequate time to investigate your claim before this happens.
The lawyer will be helping you solve your problems, so the first qualification is that you must feel comfortable enough to tell him or her, honestly and completely, all the facts necessary to resolve your problem.
Yes, the lawyer’s area of expertise and prior experience are important. Many states have specialization programs that certify lawyers as specialists in certain types of law.
There are many ways to find a reliable lawyer. One of the best is a recommendation from a trusted friend, relative, or business associate. Be aware, however, that each legal case is different and that a lawyer who is right for someone else may not suit you or your legal problem.
In some ways, yes, ads are useful. However, always be careful about believing everything you read and hear — and nowhere is this truer than with advertisements. Newspaper, telephone directory, radio, television, and Internet ads, along with direct mail, can make you familiar with the names of lawyers who may be appropriate for your legal needs.
Most communities have referral services to help people find lawyers. You might be able to find them under “Lawyer Referral Service” or something similar in your yellow pages. These services usually recommend a lawyer in the area to evaluate a situation.
Legal services, like many other things, are often less expensive when bought in bulk. Some employers, labor and credit unions, and other groups have formed “legal insurance” plans. These plans vary. Many cover most, if not all, of the cost of legal consultations, document preparation, and court representation in routine legal matters.
Several legal assistance programs offer inexpensive or free legal services to those in need. Look in the yellow pages under topics such as “legal clinics,” “legal aid,” or “legal advice,” or search online. Most legal aid programs have special guidelines for eligibility, often based on where you live, the size of your family, and your income.
Because mistakes and confusion over legal rights and responsibilities can sap a company’s time and resources, it’s crucial to consult with an attorney early on. When problems escalate to formal claims and lawsuits, the costs go up exponentially.
Most lawyers will provide a free initial consultation, where you can explain your legal issues and evaluate whether the attorney is the right person for the job. Treat the initial consultation with the lawyer as if it's a job interview—because it is.
Employers sometimes have lawyers "on retainer" to handle any routine legal issues that arise. The client usually pays the retainer on a monthly basis, with surcharges for extraordinary services such as defending against an age discrimination lawsuit from an employee.
Flat fees. Lawyers often charge flat fees to handle legal issues that are likely to be straightforward and take a predictable and consistent amount of time. For example, an employment lawyer might charge a flat fee of $250 to help a client form an LLC or draft an independent contractor agreement.
Referrals. The best way to find a good lawyer is still through old-fashioned word-of-mouth. Talk to other business owners in your area and ask them for referrals.
Hiring the cheapest lawyer solely to save money is likely to be a false economy . And before you begin your search, check your insurance policies and consider speaking with your agent. Your commercial general liability policy or employment practices policy might cover the situation you're facing.
In many cases, employers simply want to check whether they can take some action, such as hiring, disciplining, or firing an individual, without violating the law. It's often worthwhile to speak with a lawyer, even for just an hour or two, to ensure that your planned course of action has a lawful basis. Directory.