what can an employment lawyer file for you

The services of employment attorneys are useful for employment-related lawsuits. Here, they represent employees filing lawsuits due to wrongful termination of contract, denial of benefits, discrimination, and wage and hour violations. They also defend their employer clients against these lawsuits.

Full Answer

How can a lawyer help you file for unemployment?

If your lawyer believes you have a good case, he or she can help you file for unemployment, making sure to state the facts in the way most favorable to your case. The lawyer can also use the unemployment process to start assessing your employer's likely defenses and strategies. You were fired or quit your job.

What does an employment lawyer do?

Some of the common tasks that lawyers in this practice area help with include: An employment lawyer can help explain the client’s rights to him or her. This includes explaining the applicable laws that apply to the case and the options available to the client, which may include litigation, mediation, negotiation or other actions.

Do I need a lawyer to file a claim against my employer?

You have legal claims against your employer. If you believe your employer has violated your legal rights, you should consult with a lawyer to find out how strong your claims are.

Do you have what it takes to be an employment lawyer?

“Employment law favours people who have a bookish side to their nature. 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.

What is the demand for employment lawyers?

According to the BLS, the demand for employment lawyers is expected to continue since individuals and businesses require legal services . The employment rate is projected to grow at an 8% rate and this is average for all U.S. occupations.

What is employment law?

These laws set forth employer obligations and ensure a person’s rights are protected in the workplace. Unfortunately, in some situations, employers fail to comply with the laws and this can have a negative impact on an employee’s life. Employment lawyers provide legal assistance to employers and employees when disputes occur in the workplace. Keep reading to learn more about employment lawyers.

What is LL.M. in law?

A Master of Laws (LL .M.) degree is available for individuals wanting to delve deeper into the world of employment and labor laws. This internationally recognized postgraduate law program provides lawyers with global credibility and can also act as admission into some law firms.

Should I hire an employment lawyer?

If you are dealing with a workplace dispute involving your employer, and the issue is not resolved with open communication, you should consider hiring an employment lawyer. This is especially true if you were fired due to discriminatory reasons, or are owed a large amount of unpaid wages.

Why do employment lawyers work with immigration?

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

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, ...

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 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 does it mean when you are being pressured to sign documents related to your employment?

You are being pressured to sign documents related to your employment or termination from your employment that you do not understand. You want to pursue legal recourse in state or federal court. You are aware of numerous co-workers who want to bring the same type of claim against the same employer.

Can an employer deal with an attorney without an employment lawyer?

This means they have resources and knowledge that you simply do not have, putting you at a significant disad vantage without an employment lawyer .

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.

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 are the legal issues that employment lawyers handle?

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

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 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.

How do I find an employment attorney?

Since employment laws tend to change frequently, often through the courts, you want an attorney who is current with the law. Your attorney also should be familiar with various federal agency rules, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). You can find an attorney through referrals ...

What is employment law?

Employment law involves a relatively wide array of issues that involve the legal relationship between employer and employee. These involve wage and hour law, discrimination and harassment, family and medical leave, and employee benefits. Since employment laws tend to change frequently, often through the courts, ...

Do large corporations have legal representation?

Remember: The employer usually will have some kind of legal representation, and large corporations have entire legal teams working on their behalf. If the potential cost of not hiring an employment is more than you can afford -- including, perhaps, the hardship of unemployment -- then the cost of legal representation may be the wiser choice.

What is an Employment Contract Lawyer?

A lawyer for an employment contract is legal counsel who helps people with the drafting, review, or negotiation of an employment contract . When you receive a new job offer, you may need to sign an employment contract. Although this may not always be necessary, many companies require the agreements.

What Does an Employment Contract Lawyer Do?

When you receive a job offer letter that requires you to sign an employment agreement, employment contract lawyers can help. Since these contracts bind you to agreements that involve crucial parts of your job such as your salary and benefits, it’s never a bad idea to get help and will likely be a good return on your investment.

Common Fee Structures for Employment Lawyers

Employment lawyers are a wonderful support to have in your corner. When you hire an employment contract lawyer, you invest in your future.

Employment Contract Costs

Soliciting the help of an employment contract lawyer can get expensive – anywhere from $250 to $1,000, on average. When lawyers set their rates, they base them off on the amount of expertise they had, how much they had to pay for school, and what the rate other lawyers in your area charge are.

Should I Have a Lawyer Review My Employment Contract?

If you need to sign an employment contract, getting the help of an employment contract lawyer is a great idea. Remember, having someone experienced on your team can allow you to get better benefits out of your employment. Post a project on ContractsCounsel today to get connected with employment contract lawyers today.

Meet some of our Lawyers

I am a California-barred attorney specializing in business contracting needs. My areas of expertise include contract law, corporate formation, employment law, including independent contractor compliance, regulatory compliance and licensing, and general corporate law.

What can an employment attorney do?

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem, from wages and workplace safety to discrimination and wrongful termination. But when is it appropriate to reach out?

Why do employees seek employment attorneys?

So, an employee would want to seek out an employment attorney to determine what their rights are and whether their situation is worthy of pursuing an actual lawsuit. The reason, Levitt explains, is that the agency findings are not binding and many times not even admissible because agencies do not do exhaustive investigations.

What should an employee keep in a record of incidents?

Employees who believe they are being discriminated against in some way or are not being paid correctly, etc., should keep accurate records of incidents, including dates and times. Note any witnesses. All of this information will be helpful for the agency or attorney should the employee decide to pursue action.

What is FLSA in employment law?

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. There are a plethora of labor laws an employer could ...

What to do if your employer-employee relationship becomes strained?

If your employer-employee relationship becomes strained on account of a dispute involving wages, workplace safety, discrimination, or wrongful termination, it's helpful to know an employment attorney who can explain both sides' rights and duties.

Can an employer violate labor laws?

There are a plethora of labor laws an employer could easily violate unknowingly (or willfully), and since there are different employee count and tenure thresholds for different laws, it's helpful to get guidance from an attorney.

Can an employee file a lawsuit if there is no evidence?

Even if the agency finds insufficient evidence, the employee still has the right to file a lawsuit. The agency will either help the employee at that point or tell the employee that they should find an attorney. So, an employee would want to seek out an employment attorney to determine what their rights are and whether their situation is worthy ...

Why do employers need employment attorneys?

Employment attorneys help both employers and employees to have an adequate understanding of the state and federal employment laws. This way, employers are better guided when making bylaws for their companies.

What can an employee do to file a compensation claim?

When an employee suffers an injury or falls ill due to work, they can file a compensation claim. Employment lawyers help employees with filing these claims or appeals. Similarly, they could represent the employer’s interest in issuing a denial.

What is an employment union?

Employment unions uphold workers’ rights and privileges. They act as arbitrators between workers, employers, and the law. However, many employees do not belong to an employee union. They’re mostly powerless or at a disadvantage when their employers take illegal actions against them. As such, employment lawyers represent them.

What is the job of an attorney?

For attorneys that represent the employer, one standard duty they perform is helping their clients to continue in compliance with state and federal employment laws. These include anti-discrimination laws and other government policies. They make sure that their clients do not discriminate based on race, age, religion, national origin, color, disability, sex, and more.

Can an employee sue a third party?

An employee may issue a lawsuit against a third party other than the employer they work for directly. In some cases, it may be as a result of an injury acquired during work or something similar.

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.

What to do if your employer violates your rights?

If you believe your employer has violated your legal rights, you should consult with a lawyer to find out how strong your claims are. For example, you might believe that you were selected for layoff because of your race, or that your employer fired you in retaliation for reporting health and safety violations.

What to do if unemployment is denied?

If your unemployment claim is denied, you have the right to appeal. State procedures differ, but typically you will have to file a written appeal and attend a hearing, in person or by phone, to state why you think you are entitled to benefits.

Can a lawyer help you file for unemployment?

If your lawyer believes you have a good case, he or she can help you file for unemployment, making sure to state the facts in the way most favorable to your case . The lawyer can also use the unemployment process to start assessing your employer's likely defenses and strategies. You were fired or quit your job.

Can a lawyer help you make a persuasive case?

And, you should carefully consider whether you have a chance of winning: A lawyer can help you make a persuasive case, but can't change the facts. If you are clearly not eligible for benefits under your state's law, hiring a lawyer won't help. Talk to a Lawyer.