Employment lawyers usually represent either employers or workers—not both—so make sure you’re hiring an attorney who works on behalf of employers. In addition, if you're dealing with legal issues involving a labor union or organized labor, be sure to look for a lawyer with expertise in labor law, as this area can be complicated.
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If you are involved in an employment dispute or face an adverse action by your employer, an employment lawyer can help. Employment lawyers protect the rights of employees and determine violations of federal and state anti-discrimination and …
Litigation - Labor & Employment. Labor and employment law is complex and subject to frequent, often dramatic, change. A myriad of laws and regulations — sometimes conflicting in terms and purpose — impose a heavy compliance burden on employers. There also is a plethora of state, federal, and administrative agency decisions that construe ...
Nov 16, 2018 · Employment lawyers usually represent either employers or workers—not both—so make sure you’re hiring an attorney who works on behalf of employers. In addition, if you're dealing with legal issues involving a labor union or organized labor, be sure to look for a lawyer with expertise in labor law, as this area can be complicated. Similarly, specialized tax lawyers …
Jul 21, 2021 · An employee that experiences discrimination, for instance, may hire a litigation lawyer. A litigation attorney can also prove helpful when you wish to settle a past debt, are involved in a personal injury case, or have an ex-spouse that isn’t paying financial support. For other instances when it may be suitable to hire a litigation attorney ...
A few of the most common of these include: Unlawful Termination - Depending on the specifics of the law of your state - and on whether or not you fall into a protected class - your termination could be considered unlawful.
In the United States, workers and laborers are protected by a complex series of laws and regulations. Unfortunately, many people are unaware of their rights in the workplace; some get grossly taken advantage of, and others are mistreated without realizing that they have legal recourses at their disposal. If you work in the United States, it is ...
Either way, seeking the help of a qualified labor and employment law attorney is essential. Workplace Violence - Everyone is entitled to feel safe and secure in the workplace; unfortunately, violence sometimes occurs. Getting justice in the case of workplace violence is a lot easier to do when you have an attorney by your side.
There also is a plethora of state, federal, and administrative agency decisions that construe these laws, adding to the burden on employers. Labor and employment issues affect the livelihood and well-being of employees and their families and the success of the companies for which they work. The legal disputes between employers and employees can be highly charged, intensely personal, and often embarrassingly public. For these reasons, they can be very difficult to resolve.
For these reasons, they can be very difficult to resolve. Often, these employment disputes culminate in a lawsuit, which can be costly, time-consuming, and damaging to employee relations.
These claims often involve the many laws governing employee relations, which are often referred to as “employment law alphabet soup.”. These include Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), ...
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.
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.
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.
An experienced litigation attorney takes the time to coach their clients on what to say in court. Without a legal background, you may not know the difference between speaking honestly and saying too much. It’s your attorney’s responsibility to help you say only what you need to so you don’t incriminate yourself.
One of the biggest reasons to hire a litigation attorney is if the other party in your case has already hired an attorney. If you choose to represent yourself, the other party’s attorney will try to take advantage of your inexperience. Chances are the opposing attorney will fight dirty and do everything to make you incriminate yourself.
A sure way to make the right decision is to use referrals. Friends and relatives who’ve worked with litigation attorneys may be able to recommend a dependable attorney. It also helps to find out how much experience your potential litigation attorney has.
In most cases, plaintiff lawyers su ing on your behalf will opt for contingency billing, while most defense lawyers bill hourly. Business litigation attorneys may opt for other billing approaches. During your first interview, enquire what billing approach your attorney will use.
Generally, commercial litigation tends to be more complex, and cases tend to drag in court for much longer than civil litigation. As you might expect, business litigation attorneys tend to be more expensive than their counterparts.
You Get Peace of Mind. Sure, there may be no law against representing yourself when facing a lawsuit. However, most people that choose this route end up regretting it, including attorneys. When you choose to face a lawsuit alone, you put yourself too close to your case.
When facing the possibility or threat of a wage or hour violation lawsuit, an employer should immediately seek the assistance of a labor attorney who can help protect their interests and assets. Discrimination cases: State and federal law requires that employers do not discriminate on the basis of race, sex, disability, age, and other factors.
New York State Labor and Employment Law. State and federal law protects employees. As a result, if an employee alleges that you, the employer, violated these laws, they can pull you into a lengthy and expensive legal battle in state or federal court. If this happens to your company, it is important to work with an experienced New York City labor ...
If an employee claims that an employer has neglected to honor the FMLA by disallowing or punishing an employee who invokes their right to use it, then the employer should contact a New York City labor lawyer as quickly as possible in order to resolve the issue before the employee files an official lawsuit.
As a New York City labor lawyer can tell you, there is a staggering array of lawsuits that an employee can bring against their employer, including: Contract cases: A contract case may arise when an employee claims that the employer breached a contract with them. The purpose of a contract in the employment setting is to lay out a set of rules, ...
Employee Retirement Income Security Act (ERISA) cases: This is for issues involving pensions and benefits. Non-competition clauses: This occurs if a former employee takes a new job in violation of a clause in their contract prohibiting their employment with the previous employer’s competitors.
Even a baseless lawsuit can lead to harmful press and expose information that your company would like to keep private. To protect against these risks, it’s important to hire an experienced New York City labor lawyer who can guide you through the process of defending and resolving these cases expeditiously.
Workers’ compensation is an area of the law that can become complicated quickly, and when improperly used by employees, it can cost an employer significant amounts of economic loss. For this reason, if an employer has any doubt as to the validity of an employee’s workers’ compensation claim, they should waste no time in seeking the advice ...
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.
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.
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.
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.
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.
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.
You can also ask a lawyer to give your employee handbook or personnel policies a thorough legal review. First and foremost, a lawyer can make sure that your policies don't violate laws regarding overtime pay, family leave, final paychecks, or occupational safety and health, to name a few.
When it comes to employment litigation, it is not always about whether the employer feels the employee has been treated fairly. The employers’ view of fairness can be very different from the employee or the law. Most employers are caught off guard in litigation by an employee they thought was treated correctly.
Most employment litigation will begin in either the Equal Employment Opportunity Commission (EEOC), Employment Security Commission (ESC) or the Department of Labor (DOL). During this phase investigators or attorneys work to build a case for the employee.
If an agency or the employee decides to file a lawsuit, usually it must be done within a short-specified time frame, often in as little as 90 days. Once served by the employee, the employer must decide how to respond.
This step is when both sides present the opportunity to ask each other questions to expose what each side knows in relation to the case.
This stage involves a mediator that attempts to settle the suit prior to avoid trial.
This is the last step before trial where either side attempts to persuade the judge on why the case shouldn’t go to trial.