lawyer who deals with employer issues

Also known as an employment lawyer, a workplace attorney represents anyone who is dealing with legal disputes, violations, or claims that are related to employment laws. Specializing in workplace laws, employment lawyers are an important factor in shaping the treatment of workers, and fairness in employment policy.

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Should I contact an employment lawyer?

An employment lawyer deals with job and discrimination issues including, but not limited to: Job bias, conflicts of interest, harassment, intimidation, or threats. Employees, employers, independent contractors, unions, guilds, trade associations, hiring-halls, out-sourcing... Discrimination: by age, ...

What type of attorneys deal with employment law?

Brad Nakase, Employment Attorney. Email Brad. Call Brad: 888-600-8654. A lawyer for work-related issues, you need an “employment lawyer” or “labor law lawyer.”. The terms are interchangeable. California and federal labor laws and regulations protect workers in the United States, but many workers are unaware of their rights at the workplace.

How do you find employment lawyers?

ADA accommodation lawyers are employment lawyers that work specifically to identify and counter disability-based discrimination, ensuring that reasonable accommodations under the Americans with Disabilities Act are made by employers.

What issues do lawyers face on the job?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. If you have a workplace dispute with your employer, you might need to hire an employment lawyer. While some issues can be resolved with open communication, often times, a lawyer is essential to getting compensation or other justice for workplace violations.

Harassment at Work

Whether it is your employer or fellow employees who engage in sexual or other harassment at the workplace, you have rights.

Workplace Violence

There are strict laws against violence, but violence does happen in the workplace. All workers have the right to a safe workplace. A qualified employment attorney can help you get the justice you deserve.

Unlawful Termination

The employer’s right to terminate the employees is not absolute; it is conditional. Your termination may be illegal given your situation, and you could fall into a protected class.

Overtime Collection

Some employers could take undue advantage of their employees regarding overtime e.g., unpaid overtime work or working off the clock.

Hour and Wage Issues

If you believe your employer is not following minimum wage laws, or you feel you are not getting the money according to your work, consult an employment lawyer.

What can an experienced employment lawyer do?

An experienced employment lawyer can also help you in your case against your employer if you believe that you are not getting the right paycheck and can show you what evidence you would need to show to recover your wages.

Who handles overtime pay cases?

Wages and overtime pay cases are generally handled by Fair Labor Standards Act lawyers (FLSA lawyers). The FLSA is responsible for the establishment of a federal minimum wage, and for the 40-hour definition of a "full-time" work week.

What is an ADA lawyer?

The Americans with Disabilities Act (ADA) prohibits discrimination against all people with disabilities, especially where employment is concerned. ADA accommodation lawyers are employment lawyers that work specifically to identify and counter disability-based discrimination, ensuring that reasonable accommodations under the Americans with Disabilities Act are made by employers.

What is the EEOC?

But in spite of awareness of discrimination laws, establishing an employment discrimination case can be a difficult task. The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws.

What is an employment contract?

Employment contracts are binding, written agreements between an employer and an employee. They usually contain binding terms regarding employment, salary, benefits, covenants not to compete ("non-compete") agreements, protective rules about trade secrets, and non-disclosure agreements.

What is ERISA protection?

ERISA protection for employee benefits plans establishes a mandatory minimum for U.S. employees. If you believe your employer has acted improperly with regard to your benefits or pension, then an employment lawyer near you can help you resolve the dispute and make sure you receive the benefits you are entitled to.

What is workplace dispute?

Workplace Disputes. Workplace disputes are an inevitable part of any work environment, with a number of those disputes revolving around issues of privacy. It is always best to start by looking at the rights set forth in your employee handbook.

How to find a good employment lawyer?

Word of mouth is one of the best ways to find a reputable lawyer. Even if your friends or family don't know any employment lawyers, they might know other lawyers—such as a family lawyer or estate planning lawyer—who can provide a recommendation. Keep in mind that individual preferences for a particular lawyer are guided by intangibles such as personality or your comfort level with the person. Here are a few questions you may want to ask a person who gives you a glowing review of a particular employment lawyer: 1 Did this lawyer respond to all your telephone calls and other communications promptly? 2 Did the lawyer take the time to listen to your explanation and understand your situation fully? 3 Were all the bills you received properly itemized and in line with the cost projections you got at the start of your case? 4 Did this lawyer personally handle your case, or was it handed off to a younger, less-experienced lawyer in the same firm?

What to do if your lawyer is not working?

If your relationship with a particular lawyer does not seem to be working out for some reason, or if you truly believe your case is not progressing as it should, consider asking another lawyer to take over. Beware, however, that if you are in the midst of a lawsuit, the judge may need to approve the switch—and has the discretion to refuse the request if he or she believes change would cause an unreasonable delay or prejudice the other side.

What do you pay a lawyer for in a contingency agreement?

Sometimes, a lawyer working under a contingency agreement will require that you pay all out-of-pocket expenses, such as filing fees charged by the courts and the cost of transcribing depositions—interviews of witnesses and others involved in a lawsuit who may provide additional information about the facts and circumstances. If so, the lawyer will want you to deposit a substantial amount of money—a thousand dollars or more—with the law firm to cover these expenses. From your standpoint, it is a much better arrangement for the lawyer to advance such costs and get repaid out of your recovery. A commonsense arrangement might involve your advancing a small amount of money for some costs, with the attorney advancing the rest.

What is the state bar association?

Every state in the country has its own bar association, which is typically the governing body that licenses, monitors, and disciplines all lawyers practicing in the state. Many state bar associations operate attorney referral services for use by members of the public for a small fee.

What is contingent fee?

Many workplace cases are handled under some form of contingent fee arrangement, in which a lawyer agrees to handle a case for a fixed percentage of the amount finally recovered in a lawsuit. If you win the case, the lawyer's fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money. A lawyer's willingness to take your case on a contingent fee is usually a sign of the lawyer's faith in the strength of your claim. A lawyer who is not firmly convinced that your case is a winner is unlikely to take you on as a contingency fee client.

How to find a lawyer by name?

Some states have a searchable online database where you can find lawyers by name. Once you have a few names, start by calling for an appointment. Some lawyers will try to screen you over the phone by asking you to discuss the basics of your case. A little of this can be helpful to you both.

How much does a lawyer charge for a consultation?

However, others will charge a reasonable fee for legal advice. A charge of between $75 and $250 for a one-hour consultation is typical.

What can a lawyer do for you?

A lawyer can quickly review and troubleshoot employment-related agreements you routinely use with your workers , such as employment contracts, severance agreements, or releases. A lawyer can check your contracts to make sure that they contain all the necessary legal terms and will be enforced by a court.

Why do you need a lawyer?

A lawyer can help you make difficult decisions about your employees. Firing. Particularly if you are worried that an employee might sue, you should consider getting legal advice before firing an employee for misconduct, performance problems, or other bad behavior.

What to do if an employee sues you?

If a current or former employee sues you, speak to a lawyer right away. Employment lawsuits can be very complex. You have to take certain actions immediately to make sure that your rights are protected -- and to preserve evidence that might be used in court.

What is misclassification in employment?

Misclassification often comes with a hefty price tag, which can include years of unpaid overtime and penalties for multiple employees. Other decisions. You may also wish to have a lawyer review any employment decision that will affect a large number of employees.

How long does it take to file a lawsuit?

The time limits for taking action are very short -- many courts require you to file a formal, legal response to a lawsuit within just a few weeks. As soon as your receive notice of a lawsuit against you, begin looking for a lawyer. Claims and complaints.

Do lawyers come cheap?

After all, lawyers don't come cheap. If you run to a lawyer every time you have to make an employment-related decision, you will quickly go broke. The trick is to figure out which situations require some expert help and which you can handle on your own.

Can an employer handle employment matters on their own?

Even the most conscientious employer occasionally needs help from a lawyer. Although you can handle many employment matters on your own, some issues are particularly tricky and will require some legal expertise. Employment law can change rapidly.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

Why are employment lawyers important?

Specializing in workplace laws, employment lawyers are an important factor in shaping the treatment of workers, and fairness in employment policy . Additionally, workplace lawyers help resolve disputes between employees and the employer, or disputes between co-workers. Employment attorneys help protect the rights of workers, ...

Why do we need an employment attorney?

Employment attorneys help protect the rights of workers, and they also protect employers from frivolous lawsuits. States vary in their employment laws, and how those laws apply in the regulation of employment practices. For this reason, amongst others, consulting a workplace attorney can be quite beneficial in protecting your rights and interests, ...

What are the types of claims handled by workplace attorneys?

More claims that are commonly handled by workplace attorneys include: Harassment and hostile work environment claims . If questions arise regarding any type of claim related to employment, a skilled workplace attorney will be able to assist.

Do employment claims have statutes of limitations?

Statutes of limitations exist on employment claims, so be sure to confirm date deadlines with your lawyer. A workplace attorney will also be able to advise you as to your next steps. For instance, if you are still employed, it may be difficult to decide how you should proceed with your job. Your attorney will provide guidance ...

Why do I need an attorney?

Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

What is employment law?

Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.

What happens if you fail to document events?

If you fail to document events as they happen, later you may not have the evidence necessary to prove your case. You need documents or a witness to confirm facts and events. If it is your word against your manager's word, it will be very difficult to prove your claim.

Can an employer file a lawsuit without a lawyer?

Most employers have much more experience and resources than you to evaluate and handle claims. An employee who has not consulted an attorney can be at a real disadvantage. Succeeding in an employment lawsuit without a lawyer (called filing "pro se") is virtually impossible.