what does an employer lawyer do

What Does an Employment Lawyer Do?

• Explanation of Rights. An employment lawyer can help explain the client’s rights to him or her. ...
• Compliance. ...
• Filing of Complaint. ...
• Litigation. ...
• Wage and Hour Lawsuits. ...
• Employment Discrimination Lawsuits. ...
• Employment Class Actions. ...
• Workers’ Compensation Claims. ...
• Third Party Lawsuits. ...
• Union Issues. ...

Full Answer

When should you hire an employment lawyer?

Employment lawyers help prepare complaints, communicate with the legal representative of the other side and appear in court on behalf of the client. Union Issues Employment lawyers may help advise employees of their right to form a union and other rights, such as being free of discrimination based on their protected union activity.

How to go about finding a good employment lawyer?

Oct 12, 2020 · This is because employers usually have a great deal of power. While employees are legally protected from employer misconduct, employment laws are complicated. If you have a dispute with your employer, it is crucial to have an employment lawyer on your side. Keep reading to learn more about what this type of attorney does and when you might need ...

When does an employer need an employment lawyer?

Nov 01, 2019 · An employment lawyer for an employer usually acts as a representative for the employer when negotiating or arguing an issue with the employee or his or her lawyer. Again, the most common issue employment lawyers for employers face is dealing with an employee’s termination of employment.

What every lawyer needs to know about employment law?

Job Description. Employment attorneys advise both employees and employers on the legal standards set by local, state or federal government. They help ensure that all employees are treated in a fair and consistent manner. Employment attorneys might write and review employee handbooks, assist with wage law issues and claims, represent employers before the Equal …

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 is employment law?

An attorney practicing employment law tackles matters ranging from simple disagreements to extensive violations of applicable laws. He or she typically provides legal advice or advocacy for clients in: 1 Wage/hour claims 2 Disability cases 3 ADA violation claims 4 Labor union disputes 5 Creation and review of company policies and employment contracts 6 Other relevant matters

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 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.

Why is proper documentation important?

Proper documentation is critical because you must be able to prove an illegal motive, such as discrimination or retaliation to win your case. If you do not keep track of incidents as they occur, you may not have sufficient evidence to do that.

What are the duties of a lawyer?

A lawyer has several duties which go beyond the basic court trial. Researching information, drafting documents, mediating disputes and providing counsel to clients about their legal rights are just some responsibilities involved depending on the area of law.

How many hours do lawyers work?

A lawyer can work in a law firm, private company, or even work for state as a public defender or for the prosecution. Most attorneys work 50-80 hours per week, including weekends. The newly hired attorneys usually serve as clerks in charge of researching information and aiding in preparation for upcoming trials.

Is divorce the same as family law?

Divorce law and family law are sometimes thought of as one in the same, however, divorce law is only one of many issues a family lawyer deals with. It is interesting to note that a family lawyer can handle a divorce, but a divorce lawyer usually does not have the expertise to represent clients in other family law matters. Immigration Lawyer.

What is legal separation?

In the case of legal separations, a divorce lawyer will grant the separation in the form of a court order (a legal separation is a process by which a married couple may formalize a separation while remaining legally married). When there are children involved, a divorce lawyer will help set the terms for child support and child custody.

What is the scope of a criminal lawyer?

The scope of practice for a criminal lawyer includes trials, bail bond hearings, post-conviction remedies, plea bargains, and revocation hearings (parole or probation). After investigating a case, a criminal lawyer will interview all witnesses involved, research the statutes, case law, and crime codes, and then build a defence as well as develop ...

What is tort law?

This type of lawyer tends to practice primarily in the area of law known as tort law, and provides legal service to those who claim to have been injured as a result of the negligence of another person or entity.

What is a bankruptcy lawyer?

Bankruptcy Lawyer. A bankruptcy lawyer assists individuals or organizations that make legal declarations stating their inability to pay their creditors. Understanding the process and filling out the bankruptcy forms can be daunting.

What is a labor lawyer?

Labour lawyers = labour law. A non-unionized employee is free to hire any employment lawyer they want. However, a unionized employee is privy to a collective agreement saying their union has the sole right to represent them in workplace legal issues.

What is a Dutton employment lawyer?

Like some other firms, Dutton Employment Law, a division of Monkhouse Law, works with both employees and employers. Employment lawyers are usually both barristers and solicitors. A barrister is someone who litigates matters (i.e. going to court and arguing).

What is a solicitor?

A solicitor is someone who drafts documents or reviews documents (i.e. making employment contracts). Most employment lawyers do a mix of litigating and drafting. This is rather unique; many other kinds of lawyers only do one or the other. For instance, a criminal lawyer generally only litigates.

What does an employment attorney do?

Employment attorneys advise both employees and employers on the legal standards set by local, state or federal government. They help ensure that all employees are treated in a fair and consistent manner. Employment attorneys might write and review employee handbooks, assist with wage law issues and claims, represent employers before ...

How much do lawyers make in 2020?

In 2020, all lawyers earned a median salary of $126,930. ( www.bls.gov ).

What can a lawyer do for you?

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.

Why do you need a lawyer?

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.

How to fire an employee?

Here are a few situations when you should consider asking a lawyer to review your decision to fire: 1 The worker has a written or oral employment contract that limits your right to fire (for more on employment contracts, see Nolo's article Written Employment Contracts: Pros and Cons ). 2 The employee may believe that he or she has an implied employment contract limiting your right to fire. 3 The employee has benefits, stock options, or retirement money that are due to vest shortly. 4 The employee recently filed a complaint or claim with a government agency, or complained to you of illegal or unethical activity in the workplace. 5 The employee recently filed a complaint of discrimination or harassment. 6 Firing the employee would dramatically change your workplace demographics. 7 The employee recently revealed that he or she is in a protected class -- for example, the employee is pregnant, has a disability, or practices a particular religion. 8 You are concerned about the worker's potential for violence, vandalism, or sabotage. 9 The worker has access to your company's high-level trade secrets or competitive information. 10 You are firing the worker for excessive absences, if you are concerned that the absences may be covered by the Family and Medical Leave Act or the Americans with Disabilities Act. 11 The employee denies committing the acts for which you are firing him or her, even after an investigation. 12 The employee has hired a lawyer to represent him or her in dealing with you.

What is misclassification in employment?

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.

What to do if an employee sues you?

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.

How long does it take to file a lawsuit?

The time limits for taking action are very short -- many courts require you to file a formal, legal response to a lawsuit within just a few weeks. As soon as your receive notice of a lawsuit against you, begin looking for a lawyer. Claims and complaints.

Do lawyers come cheap?

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.

What is a Lawyer?

Before we dive deep into business law, let’s answer what might sound like a simple question: what exactly is a lawyer? The truth is there are many, many types of lawyers with different specialties and skills.

What Does a Business Lawyer Do?

To put it simply, Portland business attorneys help business owners solve problems. Perhaps more importantly, business attorneys help business owners understand the problems they’re facing and which problems they might face in the future.

Do Business Lawyers Go to Court?

Yes– but only when we need to. Don’t get us wrong – it’s not that our business attorneys aren’t expert litigators who take great pride in representing our clients in court in Oregon and Washington. But frequently there’s a better solution to a dispute and save our clients’ valuable time and money.

How do Business Lawyers Charge for their Services?

At JJH Law (as a small business ourselves) we understand the importance of flexible fee structures that allow growing businesses to manage costs effectively. We offer: