lawyer who represents employees in workplace disputes

Full Answer

Why do employers hire attorneys to represent employees?

Most attorneys representing employees do so because they understand that non-unionized employees are relatively powerless against employers. While you may be caught up in a serious employment dispute only once or twice in your lifetime, some larger employers and their attorneys handle many employment disputes every single day.

What does a lawyer do in an employment law case?

Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to. If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible form. What Does Labor and Employment Law Cover?

When should you hire a lawyer for a workplace dispute?

If you are dealing with a workplace dispute, you should contact a local workplace lawyer as soon as possible. Your attorney will review your case, advise you of your rights, and assist you in the process of resolving your case.

What does a workers’ compensation lawyer do?

They will look at the documents you provide and may also look at employment records, contracts, and other workplace data. Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to.

Can you sue for being treated differently at work?

Under California law, it is a civil right to have the opportunity to seek and hold employment without discrimination based on race, religion, sexual orientation, and other forms of unlawful discrimination. Employees who are discriminated against can file a lawsuit against their employers for unlawful discrimination.

What is it called when an employer treats you unfairly?

Discrimination. Even if you do not have an employment contract in place, there may be other legal grounds for holding your employer accountable for unfair treatment. One of the most common areas of the law protecting employees from unfair treatment at work is in the area of employment discrimination.

What is an employee employer disputes?

Employment Dispute means any dispute arising from actual or alleged: unfair or wrongful dismissal, discrimination, denial of natural justice, workplace harassment, unfair or wrongful demotion (or failure to promote, employ or recommend for employment) of any person (including an Employee) or misleading representation ...

What's considered work harassment?

According to the Equal Employment Opportunity Commission (EEOC), harassment can include “offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.”

Can I take my employer to court for unfair treatment?

If your employer's conduct towards you has been unlawful or you have been unable to exercise your rights, you may be able to take legal action against your employer.

What are unfair practices in the workplace?

The Labor Relations Act (LRA) gives three general categories of conduct considered to be unfair labor practices: retaliation, wrongful pressure, and termination while under collective bargaining agreements. Actions deemed retaliation are prohibited.

How do you resolve a dispute between an employer and employee?

General Best Practices:Identify the underlying issue between employees. For basic work conflicts, you may ask the employees involved to try to work it out themselves or facilitate a conflict-resolution meeting (see below). ... Provide training. ... Maintain open communication. ... Improve teamwork. ... Know when to step in.

What are some examples of conflict in the workplace?

5 Workplace Conflict Examples – And How to Handle ThemAn Employee Believes They Have Experienced Discrimination or Sexual Harassment.One Employee Has Been Accused of Harassing or Discriminating Another.Poor Communication Resulted in a Mistake.Different Personalities or Work Styles Are Clashing.More items...•

How do you resolve conflict between employer and employee?

Here are five strategies to help managers effectively resolve conflicts with employees.1) Detach from Your Biases.2) Actively Listen.3) Practice Empathy.4) Focus on the Behavior.5) Know When to Involve HR.

What are the 3 forms of workplace harassment?

Here are three types of workplace harassment, examples, and solutions to help you educate your employees for preventing workplace harassment.Verbal/Written.Physical.Visual.

How do you prove a hostile work environment?

The crux of proving a hostile work environment case is evidence of the harassment. You should preserve any e-mails or voicemails that demonstrate harassing language. These communications do not have to take place at home, as any harassing treatment that extends from the workplace to your home qualifies as evidence.

What are bosses not allowed to do?

Require employees to sign broad non-compete agreements. Forbid you from discussing your salary with co-workers. Not pay you overtime or minimum wage. Promise a job to an unpaid intern.

How to speak with your employer about a dispute?

How to Speak with Your Employer About the Workplace Dispute. In many situations, directly speaking with your employer is a quick way to resolve a workplace dispute. In instances that going directly to the employer does not work, contact an employment law attorney.

What to do if you are involved in a workplace dispute?

If you are involved in a workplace dispute, there are several steps you can take toward seeking a resolution for your situation. While you might be advised to contact your local Human Resources representative, it can be hard to approach them if you are handling a dispute with a higher up employee.

What do you do if you have a wage dispute?

If you have a wage and overtime dispute, you may need to file a claim with the Wage and Hour Division (WHD) of the U.S. Department of Labor. If doing so does not remedy the situation, contact an attorney for assistance.

What to do if your employer cannot agree to a resolution?

If you and your employer cannot agree upon a resolution, you may want to contact an attorney for further guidance.

Why is it important to bring a workable solution instead of just a problem?

If you are able to bring a workable solution, instead of just a problem, you have a better chance of quickly resolving the situation.

Why should policies and procedures be included in an employee handbook?

The purpose of including policies and procedures within an employee handbook is to not only protect employees, but also to protect the employer. All should be enforced in a consistent manner, and all should be in compliance with local, state, and federal requirements.

What to do when your boss says you're not trying hard enough?

If they are unable to provide specifics, then record it in your feedback. Provide documentation on any accusations of failing to meet company expectations. Address every point, and provide evidence, if possible.

What does an employee rights attorney represent?

Many employee rights attorneys represent employees who are not part of a union. As such, they are essentially powerless in situations involving employers who have done illegal actions that put employees at a disadvantage.

What does an employment attorney do?

Simply put, an employment law attorney works to ensure that all employees are treated fairly and their employee rights are protected.

What is an example of employee rights violations?

Another example would be if the employer fails to pay the employee overtime wages in accordance with the overtime standards in the area.

What are employee rights?

The term employee rights most commonly refer to those rights that employers are obligated to grant to employees. State and federal employment laws determine many different rights that employees obtain once they are legally hired by their employer. Employee rights are typically enforceable once the worker begins their employment, ...

What is the overlap between employment law and immigration law?

As previously mentioned, employment law frequently involves other government departments and agencies. One common overlap is in the area of immigration law. Employee rights lawyers can often perform the task of ensuring that employers are complying with immigration laws, in addition to employment laws.

When are employee rights enforceable?

Employee rights are typically enforceable once the worker begins their employment, or when they sign their employment contract. These rights are terminated once the employer-employee relationship ends. Some employee rights can actually be enforceable before or after employment.

What is the right to privacy in the workplace?

The right to be free from discrimination at all stages of the employment process, including hiring and firing; The right to privacy in the workplace, although it is important to note that the scope of privacy rights may depend on the nature of the employment; and. Various rights regarding leave for disability, medical, or family leave.

What are the risks of employment disputes?

Employment disputes present risks for employers of all sizes. From work injury claims to allegations of discrimination, employees enjoy a number of statutory rights that allow them to pursue claims against their employers under a broad range of circumstances.

What is an employment contract dispute?

This includes disputes resolved through settlement negotiations, mandatory mediation or arbitration, and litigation in court. By their nature, these disputes frequently arise after (or at the time of) termination of employment, and specific issues can range from the scope and enforceability of customer non-solicitation covenants to employees’ rights to severance compensation.

What is Oberheiden P.C.?

At Oberheiden P.C., we defend employers nationwide in all types of employment-related disputes and litigation. We represent employers of all sizes in all industries, and we handle matters involving contract employees, at-will employees, and organized labor claims. As a federal compliance and defense law firm, we are particularly experienced in matters involving employees’ statutory rights under federal law; however, we are experienced in state-level employment litigation as well, and our senior attorneys can defend your company regardless of the issues and allegations at hand.

What is ERISA litigation?

ERISA Disputes and Litigation. The Employee Retirement Income Security Act (ERISA) is another federal statute that provides significant protections to employees. However, these protections have their limits, and employers will often have strong defenses against their employees’ ERISA-based claims.

What are state discrimination claims?

In addition to federal anti-discrimination laws, many states have adopted anti-discrimination statutes that offer protections to other identified protected classes of employees.

What are the laws that prohibit discrimination?

We represent employers in all types of federal discrimination claims, including (but not limited to) those under the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act of 1964.

What is the dispute over independent contractors?

Disputes frequently arise when workers claim that they have been misclassified as independent contractors, and therefore denied access to workers’ compensation, Social Security, and other employment-related benefits.

What we do?

De Sautu Law, P.A. represents individuals with employment issues. The firm can evaluate claims involving unpaid wages, including unpaid minimum wages and overtime. The Firm can represent employees whose legal rights have been violated.

Ilegal practices

Some of the illegal practices employers use to avoid paying servers and tipped employees their owed wages include:

Discrimination and sexual harassment

Discrimination and sexual harassment still exists in the workplace. Unfortunately, certain employers still harass and discriminate against people because of their age, sex, religion, race, national origin and sexual orientation. There are laws that protect employees from this type of employer behavior.

What happens if an employment dispute arises?

If an employment dispute arises it can be an emotional and financially stressful situation with significant awards for damages involved. You will likely need a good lawyer to represent you and your best interests.

What is the relationship between an employer and an employee?

The relationship of an employer and employee is a contractual relationship. It is similar to any other contract you may enter into, but it is regulated by legislation and awards to provide certain safety nets for employees.

What is breach of employment contract?

Breach of Employment Contract and Wrongful Dismissal. The relationship of an employer and employee is a contractual relationship. It is similar to any other contract you may enter into, but it is regulated by legislation and awards to provide certain safety nets for employees.

What is wrongful dismissal?

If an employer dismisses an employee in breach of a written contract of employment, it may be considered wrongful dismissal under the common law. There are differences between unfair dismissal (provided for under legislation) and wrongful dismissal (breach of contract).

How long does an employee have to file a claim after dismissal?

An employee only has 21 days from the date the dismissal takes effect to make a claim, although some exceptions apply.

Why are employee services no longer required?

the employee’s services are no longer required to be performed by anyone due to changes in the operational requirements of the employer’s business; the employer has complied with all its obligations under any relevant modern award or enterprise agreement in relation to the dismissal; and.

Why is employment important?

Employment is generally the most significant factor in relation to a person’s finances and standard of living. It is also one of the most expensive parts of running a business. No-one ever wants to find themselves in a position where they need an employment lawyer. If an employment dispute arises it can be an emotional and financially stressful ...

What are unlawful actions on the part of the employer?

Unlawful actions on the part of the employer include discrimination or harassment based on some protected status (for example, race, sex, age, national origin, or disability), or retaliation for having raised concerns about discrimination or harassment.

What is employment law?

Employment Law - Individuals. An employment relationship is one of the most important relationships we experience. When a dispute arises at work, employees often have inaccurate or incomplete information. Lawyers who represent individuals in employment disputes help employees either by counseling them through an existing employment situation or, ...

How often do employers handle employment disputes?

While you may be caught up in a serious employment dispute only once or twice in your lifetime, some larger employers and their attorneys handle many employment disputes every single day. 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.

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.

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 happens if you delay contacting an attorney?

If you delay contacting an attorney, you will not know what you may be able to do to prevent your situation from worsening and you may not properly document events as they occur. Because it is your burden to prove an illegal motive, such as discrimination or retaliation, you must document the evidence that supports your claims. 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 you counter an employer's poor evaluation?

Without legal help early on, you may not be prepared to counter the employer's stated reason for your poor evaluation or termination.