what can an employment lawyer do if my job is in trouble

by Mr. Arlo Pollich 7 min read

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem.

If the problem is on-time pay, overtime, or proper pay classification (non-exempt versus exempt status), the attorney can help the employee navigate the Fair Labor Standards Act (FLSA) to determine if the possibility exists that rights have been violated and help the employee with next steps.

Full Answer

How can an employment lawyer help my business?

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.

Can a lawyer take legal action against an employer?

These lawyers can take civil action against an employer, which could lead to changes in the workplace as well as monetary restitution. Some attorneys may offer free consultations and work on a contingency basis so you may not have upfront costs for representation.

What should I look for when hiring an employment lawyer?

A person should ask the lawyers about their experience with the specific type of problem that they have, their fees, what their options might be, their chances of success, who will do the work on their case (whether the attorney or an associate), and when the problem might be resolved. Why Should I Hire an Employment Lawyer?

When should I contact an employment lawyer?

If you are involved in an employment-related dispute, or if you need to ensure that you are in compliance with state or federal employment laws, you should contact a local employment lawyer for assistance. Your lawyer will help you understand the issue and will represent your best interests in resolving any legal disputes.

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How an Employment Law Attorney Can Help

If you are a job applicant, current employee, or ex-employee whose rights may have been violated in an employment situation, or if you are involved in a legal dispute with your current or former employer, an employment law attorney can help.

Finding an Employment Law Attorney

To find an employment lawyer or law firm to help with your employee rights issue, use the FindLaw Lawyer Directory. You can find legal advice for your specific situation with an experienced employment law attorney near you.

Next Steps

Contact a qualified employment attorney to make sure your rights are protected.

Why is it important to hire an employment lawyer?

This is because employment law is a constantly evolving area of the law with significant ambiguities. Therefore, hiring an attorney who has extensive knowledge of the rules, codes, and statutes governing employer and employee conduct is essential. It is also important to hire an employment lawyer who represents individual employees, ...

Why do employment lawyers work with immigration?

Employment lawyers may also work with various authorities to ensure that employers comply with relevant immigration laws.

What to do if your employer broke your law?

Finding the right employment lawyer for you. If you think your employer broke state or federal laws by mistreating you and/or your co-workers, you may be tempted to deal with it on your own. In most cases, however, you will need an attorney to help you resolve a serious conflict.

What happens if you don't keep track of incidents?

If you do not keep track of incidents as they occur, you may not have sufficient evidence to do that. Without adequate proof, your claim may boil down to your word against your employer’s word. If so, it will be that much harder to prevail. Let’s say, for instance, that you get a poor job evaluation .

Why do I want to quit my job?

You are thinking about quitting your job because of your employer’s alleged misconduct. You want someone to represent you in negotiations with your employer regarding severance pay. You are unsure of your rights or what to do after you have been fired.

What to do if you don't know your employer?

If you want to make a claim against your employer, it is crucial that you speak with an employment lawyer as soon as possible. If you don’t, you will not know which steps you can take to keep matters from getting worse, or how to document incidents that may help prove your case.

How to fight an employer?

Be sure to consult with attorneys that practice employment or labor law. An attorney practicing in any other area may not necessarily have the skills to help you fight your employer.

What are the legal issues that employment lawyers handle?

Employment lawyers handle employment-related legal issues, including: Wrongful termination; Workplace discrimination; Sexual harassment; Contract violations;

What can an employment lawyer advise employers about?

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.

How much does an attorney charge per hour?

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.

What to do if an employee is not unionized?

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.

Why does an employer retaliate against a person?

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;

What can an employment lawyer do?

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.

What should I do before meeting with a lawyer?

Before meeting with a lawyer, a person should prepare themselves to describe their problem with a brief, clear summary.

What Does an Employment Lawyer Do?

Employment lawyers help with any legal matters that impact employers, from routine document reviews to litigation. Most employers benefit from hiring an employment lawyer early on to help with everything from zoning compliance to copyrights and business incorporation.

Working with an Employment Defense Attorney

Employment defense attorneys are lawyers who specialize in defending employers when there is an employment law claim. You may need this type of attorney if a current or former employee or job candidate files a claim against your business.

When Should I Hire an Employment Lawyer?

You do not need to talk to a lawyer every time you make an employment decision. However, there are many situations that require expert help. We recommend talking to a lawyer in the following situations:

Find an Employment Lawyer in Washington State

Anderson Hunter Law Firm provides practical solutions to employment law issues in Washington State. Our employment law services include providing routine employment law advice, keeping employers up to date on legal changes, conducting wage and handbook audits, conducting personnel investigations, and litigating on behalf of employers.

Why is it illegal to talk about your employer on social media?

That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.

What can't a boss do?

What's more, state laws can vary. However, generally, here are 13 things your boss can't legally do: Ask prohibited questions on job applications. Require employees to sign broad non-compete agreements. Forbid you from discussing your salary with co-workers. Not pay you overtime or minimum wage.

What is the obligation of an employer to ensure its workplace is a safe environment?

An employer has an obligation to ensure its workplace is a safe environment and that worker complaints are handled in an appropriate manner. Some states also require companies to provide sexual harassment training to workers or supervisors.

Why is it bad to prohibit salary discussions?

That's because there is no way for employees to gauge wage equality with co-workers if they can't discuss their compensation.

Do all workplace laws apply to every business?

Not all workplace laws apply to every business and employee. For instance, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. What's more, state laws can vary.

Can you work off the clock for Nonexempt?

Nonexempt employees who are covered by the Fair Labor Standards Act can't be asked to do work off the clock. For instance, workers can't be required to do prep work or clean up outside their paid shifts.

Can employers get in hot water for not paying payroll taxes?

Employers can get in hot water for failing to withhold payroll taxes, and they could also be on the hook for other penalties if the employee files a complaint saying they weren't properly compensated. [. READ: How to Professionally Handle an Uncomfortable Situation in the Workplace.

What is the best thing about being an employment lawyer?

“The best thing about being an employment lawyer is the variety. You can take the same law with similar facts and have a different outcome every time, because you are dealing with people who all react in different ways. On a similar note, the main challenge is that the role is as much about psychology as it is about law and you are constantly trying to predict what reaction a particular decision or action will trigger, so you can prepare accordingly.”

What is it like to be an employment lawyer?

“Being an employment lawyer is exciting as dealing with fast moving intellectually stimulating issues. For anyone interested in psychology and human behaviour workplace disputes provide a fascinating insight into organisational hierarchies and the importance of strong and fair leadership. The skills required to be an excellent employment lawyer range from empathy to intellectual rigour and an eye for detail and whilst challenging every day is diverse and interesting. But this is not an area of law for the faint-hearted – staying on top of the law requires the constant updating of knowledge and an enquiring mind.”

What sets employment law apart from other areas of law?

“For me the main thing that sets employment law apart from the other areas of law is the advisory side. By advising clients day in day out get a really good understanding of what it is like to work in that organisation, what values they are trying to instil, and in a way, through your advice you become a cultural gatekeeper as you can influence how people feel about joining (or leaving) an organisation through the advice that you give.

Is employment law a good choice?

Of course, you must be practical as an employment lawyer, but you also need to enjoy researching case law, and keeping up to date on new legislation. If you were the type of law student who hated the legal research modules, then employment law is unlikely to be a good choice for you.

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