Full Answer
Some of the most common types of employment lawsuits include:
A business lawyer—also called a corporate attorney, corporate lawyer or commercial lawyer—is a legal professional who focuses on issues that affect businesses, including taxation, business transactions and intellectual properties.
Employer Representative means any person or persons authorized to act on behalf of the employer.
Partnership. Law firms are typically organized around partners, who are joint owners and business directors of the legal operation; associates, who are employees of the firm with the prospect of becoming partners; and a variety of staff employees, providing paralegal, clerical, and other support services.
A general counsel, chief counsel, or chief legal officer (CLO) is the chief lawyer of a legal department, usually in a company or a governmental department.
Union reps:negotiate agreements with employers on pay and conditions;discuss major changes such as redundancy;discuss members' concerns with employers;accompany members to disciplinary and grievance meetings;help members with legal and financial problems.
You might be able to take your trade union to court, eg for breach of contract if it breaks its own rules. You should seek legal advice before you do this. You can't complain to the Certification Officer and the courts about the same problem.
Whereas a lawyer has a law degree and is licensed by a bar association to practise law, paralegals are trained in subsidiary legal matters, have less training and may provide legal advice on specific laws.
Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
Paralegal duties would typically involve preparing legal documents, research, admin, providing quotes to clients, interviewing clients and witnesses, giving clients legal information, going to court and handling a caseload of clients.
“Staff Attorney” is a catch-all phrase describing lawyers who dedicate their services to a specific organization. This may include a corporation, government entity, academic institution, or not-for-profit.
Responsibilities of an Employment Lawyer Drafting and preparing claims, employment contracts or other legal documentation. Providing legal advice to clients. Negotiating on behalf of clients. Representing clients in court and tribunal hearings.
Corporate lawyers are experts in commercial law. They are tasked with ensuring a company's transactions comply with corporate laws and regulations. They may work at a law firm or as part of a company's legal team. Duties include preparing documents, assessing partnerships, and negotiating deals.
Federal employees have powerful rights under many anti-discrimination laws, including Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act; the Rehabilitation Act (which covers disabilities); and others. Federal workers also are protected from retaliation for reporting discrimination, and for reporting waste, fraud, ...
Agencies may discipline an employee “only for such cause as will promote the efficiency of the service.” The agency has the burden of proof to show that its action meets this standard. There is no requirement that an employee must have violated a specific written policy, but the agency must provide a rational basis for discipline — and substantial evidence to support its position. Common reasons for discipline include:
Federal workers also are protected from retaliation for reporting discrimination, and for reporting waste, fraud, and abuse. Thanks to these protections, federal employees who have been treated unfairly can get their careers back on track and ensure that the workplace remains focused on the real mission of public service.
Examples of excepted organizations within the federal workforce include the U.S. Department of State, the Central Intelligence Agency, the Federal Aviation Administration, and both houses of the U.S. Congress.
Conflict of Interest: Federal employees must avoid situations that compromise, or even give the appearance of compromising, their duties as agents of the government. Failure to Maintain a Condition of Employment : For example, your job may require a security clearance or a certain professional license.
If federal employees win a claim for discrimination, harassment, or retaliation, they may be entitled to reinstatement if they've been wrongly terminated; to adjustment of their classification; to a change in duties or location; to compensation for harm to their career; and to attorneys’ fees.
Title 38 Employees. Medical professionals who work at federal agencies such as the Veterans Health Administration or National Institute of Health are usually appointed under Title 38 of the United States Code. The rights of Title 38 employees differ significantly from other federal employees.
Is it illegal for my employer to reveal my mental health diagnosis to a colleague? I found out that, several years ago, one of my colleagues sexually assaulted three women. My knew about this when he hired him. I found out when I googled the individual. My supervisor has a plan for each member of our staff to "tell our life stories".
Fired after giving notice of resignation - what can I do? Once an employee turns in his/her resignation is it illegal for the employer to lay the employee off?
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.
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.
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.
Various federal and state laws protect employees against discrimination in the workplace. Allegations of discrimination can take various forms , and they can involve claims against essentially all coworkers, supervisors, and executive leadership personnel. When faced with discrimination allegations, employers need to take the allegations seriously, and they must conduct investigations focused on assessing the veracity of the complaining employee’s claims. When claims proceed to litigation, employers must be prepared to defend themselves using the evidence that is available, and they must be able to achieve a favorable result that protects their bottom line.
In most cases, however, these disputes relate to former employees’ right to payment post-termination. We have significant experience representing employers in severance disputes and other contract-related employee lawsuits. Our attorneys can review the employee’s agreement to determine the rights and remedies that have been afforded to both parties, and we can execute a defense strategy that is tailored to mitigating your company’s liability—if not avoiding liability entirely.
Wage, hour, and overtime disputes can involve a variety of complex issues under a multitude of different federal and state statutes. These situations call for the best employer defense attorneys who can represent employers in litigation involving organized labor and individual employees, and handle disputes in civil court as well as proceedings before the EEOC and its state-level counterparts. In these matters, companies will often need to be prepared to prove statutory compliance by producing their internal employment policies and procedures, and a proactive, documentation-based defense strategy will produce an efficient and favorable result in many cases.
As defense counsel for employers nationwide, we provide representation for all types of employment-related matters. This includes employee-initiated claims and litigation as well as federal enforcement proceedings involving the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice (DOJ), and U.S. Immigration and Customs Enforcement (ICE).
The federal Equal Pay Act entitles men and women to equal pay for substantially equal work. While most employees are familiar with the statute’s basic protections, most are not aware of its nuances and what it truly requires of employers. Equal Pay Act litigation often revolves around factual issues related to different employees’ positions and compensation structures; and, in many cases, avoiding liability for alleged equal pay violations is a matter of demonstrating that a merit-based or other lawful system justifies disparate compensation of seemingly similarly-situated employees.
The Family and Medical Leave Act is another statute that is well known but not well understood by most workers. While the FMLA provides employees with various protections – including the right to unpaid, job-protected leave – its protections are not absolute, and they do not apply in all situations.
Oberheiden P.C. is a team of senior attorneys and former federal agents who represent employers in civil litigation and federal law enforcement matters. We also provide compliance representation, and we work with companies across the country to mitigate their risk of employment-related lawsuits and investigations. With significant experience representing employers in the private sector as well as prior experience investigating and prosecuting federal employment law violations, our employer defense team is uniquely positioned to help companies defend against allegations that have the potential for significant negative repercussions.
477 (1977) (explaining that the lawyer for the executor of an estate need not provide substantive legal advice to potential beneficiaries because doing so would violate the lawyer’s duty to provide undivided loyalty to his client, the executor).
Here, the Court of Appeals observed, plaintiffs did not allege that they had “direct contact or any relationship — contractual or otherwise — with S&K.” indeed, plaintiffs acknowledged that the offering memoranda advised prospective limited partners to consult their own legal counsel before investing.
But the focus of this article is on whether the lawyer automatically represents constituents by operation of law, even if the lawyer has not intentionally undertaken to represent them. The answer is usually “no.”. As a general rule, the lawyer for an entity does not automatically represent the entity’s constituents.
Likewise, a lawyer who represents a sizeable limited partnership will not automatically be considered the lawyer for the limited partners.
Depending on the legal structure of the firm, they might be called "Members" or "Shareholders.". While law firms often have a "Managing Partner" who runs the operations of the firm, most firms do not typically use the more corporate-style language of "CEO" or "President.". Associates: Lawyers who are employed by a firm, but who aren't owners, ...
Knowing who these people are and what they do may help you to be a more informed consumer of legal services and make your lawyer's representation more efficient. Partners: People commonly refer ...
He or she is the firm's initial contact with the outside world, and generally answers phones and greets clients at the door . Some receptionists double as paralegals or legal assistants, depending on the nature of the law firm.
Paralegals can serve a very important role in a law firm by providing critical support to lawyers when they are working on cases. In many instances, paralegals have a practical working knowledge of the law and of court or administrative procedures that makes them valuable to a law firm.
Law clerks: Law clerks are ordinarily current law students working at a firm for academic credit, or for a small amount of money. Clerks will do legal research and otherwise assist lawyers in preparing cases and working on other law-related matters. Like associates, firms will bill out clerks at a much lower rate than partners.
Administrative staff may include accountants, bookkeepers, librarians, billing and accounts receivable personnel, and human resources personnel. Marketing directors: Responsible for creating a positive image for their law firms, marketing directors are charged with attracting new clients and retaining existing ones.
Legal assistants: This is a catchall term that is sometimes used by law firms to describe anyone in a law office who assists attorneys in working on legal matters. It may include paralegals, legal secretaries, and other support staff.