what kind of lawyer do i need for employment

You should consult with an attorney who specializes in employment or labor law. An attorney practicing in any other area, no matter how competent, won't have the experience you need to prove your claim. Employment law is a highly specialized and an ever-changing area of the law with significant gray areas.

Full Answer

What does a lawyer do in an employment law case?

Oct 30, 2020 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

What kind of attorney do I need to file an employment claim?

Oct 12, 2020 · 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: Wage/hour claims Disability cases ADA violation claims Labor union disputes Creation and review of company policies and employment contracts

What kind of lawyer do I need for a small business?

Brad Nakase, Employment Attorney. Email Brad. Call Brad: 888-600-8654. A lawyer for work-related issues, you need an “employment lawyer” or “labor law lawyer.”. The terms are interchangeable. California and federal labor laws and regulations protect workers in the United States, but many workers are unaware of their rights at the workplace.

What do lawyer specialize in?

In fact, Morgan & Morgan has been recognized for filing more labor and employment cases than any other firm. If you believe you may have been the victim of unfair or illegal treatment in the workplace, contact us by completing our free case evaluation form. Free Case Evaluation Tell us about your situation so we can get started fighting for you.

Why is it important to have an employment lawyer?

Help Crafting Contracts and Benefits Packages For New Employees. It's always important to have another set of eyes when hiring any employees. A good attorney will help you put together the contracts and offers of employment that are legally sound. They'll also let you know what you can do from a benefits standpoint.Jul 22, 2019

What is the most needed type of lawyer?

The Top 10 Lawyer Types You're Most Likely to NeedCivil Litigation Lawyer (a.k.a. Trial Attorney) ... Criminal Defense Lawyer. ... Defamation Lawyer (a.k.a. Libel and Slander Attorney) ... Business Lawyer (litigation or transactional) ... Family Lawyer (a.k.a. Domestic Relations Attorney; a.k.a. Divorce Lawyer) ... Traffic Lawyer.More items...•Dec 31, 2015

Should I tell HR I have a lawyer?

In most situations, it will NOT help an employee to drop the L-bomb, and tell your employer that you're retaining a lawyer. In many situations, the employee's mere mention of the L-word makes the employer even more upset, makes the employer take more adverse actions, and makes the situation worse.Jan 6, 2010

What's the easiest type of lawyer to be?

Estate Planning Although being a legal clerk is the easiest career path, it is only suited for beginners. Estate planning wins the most stress-free legal practice area when practicing law for lawyers. Many lawyers avoid estate planning as it is a field of law associated with death.Jan 30, 2022

What are the 4 types of law?

In this presentation, we will examine the four primary sources of law at the state and federal levels. These four sources of law are the United States Constitution, federal and state statutes, administrative regulations, and case law.

What does employment law do?

Employment law regulates the relationship between employers and employees. It governs what employers can expect from employees, what employers can ask employees to do, and employees' rights at work.

When should you talk to HR?

are being withheld or have changed while you are under a contract agreement, it's best to take your concern to the HR department. They can help you understand your benefits more fully and help you make any claims if you determine that you aren't receiving the correct benefits.Oct 22, 2021

How can I scare HR?

5 Terrifying Things That Will Spook HRFINANCIALLY-CRIPPLING FORM I-9 FINES. Nothing strikes fear in an HR manager like the dreaded words “ICE Audit”, and for good reason. ... NEGLIGENT HIRING LAWSUITS. ... SKIMPING ON SEASONAL HIRING. ... HIRING THE WRONG CANDIDATE. ... CLASS ACTION LAWSUITS.Oct 26, 2015

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.

Workplace Violence

There are strict laws against violence, but violence does happen in the workplace. All workers have the right to a safe workplace. A qualified employment attorney can help you get the justice you deserve.

Overtime Collection

Overtime Collection:#N#Some employers could take undue advantage of their employees regarding overtime e.g., unpaid overtime work or working off the clock.

Hour and Wage Issues

Hour and Wage Issues:#N#If you believe your employer is not following minimum wage laws, or you feel you are not getting the money according to your work, consult an employment lawyer.

What is workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

What is defamation in the workplace?

Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

What are some examples of misclassifications?

Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

Do independent contractors have to file taxes?

Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.

What is the minimum wage in 2020?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

What is business lawyer?

Business Lawyer (litigation or transactional) Many business owners assume they need a “business lawyer,” whatever the nature of the legal problem they’re experiencing. In fact, “business law” is too broad a category to be meaningful.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

What is considered criminal in court?

Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.

What is a defamation lawyer?

Defamation lawyers are a subset of civil litigation lawyers. You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What is business litigation?

Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons.

What do you want from your ex wife?

You want a divorce. You want custody of your kids. Your ex-wife wants an increase in her spousal support and you’d rather not give it to her. You’re getting married and you want to ensure you won’t lose half of everything you own if you ever get a divorce. If your legal needs involve family relationships and obligations, you need a family lawyer.

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 an employment lawyer?

An employment lawyer will provide legal assistance for everything relating to employment law, including discrimination, harassment, wrongful termination, and contracts. Employment Law. Age Discrimination.

What does an estate attorney do?

An estate planning attorney will help you plan for the future and establish the legal groundwork for wills, trusts, and more. Estate Planning.

What is bankruptcy lawyer?

Bankruptcy is a process by which individuals and businesses can repay or eliminate some or all of their debt under the protection of the federal bankruptcy court.

What is a criminal defense lawyer?

A criminal defense lawyer will ascertain whether your specific situation has factors that may lessen the crime of which you have been accused, prove your innocence, or show that no crime has been committed. Criminal Defense. Domestic Violence. Drug Crimes. DUI.

What is an immigration lawyer?

Immigration Lawyer. Immigration law involves everything from obtaining citizenship to deportation proceedings, to being able to work in California without being a citizen, and even marrying a citizen or non-citizen. An immigration lawyer will assist you through the legal process and requirements for immigration.

Why do we need consumer laws?

Consumer laws are in place to protect consumers against unscrupulous business practices, including everything from defective products to debt collection. A consumer law attorney will provide the legal guidance you need when pursuing a lawsuit relating to consumer law.

What is administrative law?

An administrative law attorney specializes in administrative law – the body of law that governs the activities of administrative agencies of government, including Social Security Benefits and California State Licensing.