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.
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Oct 30, 2020 · A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant. In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary.
Aug 27, 2021 · The following list will review different types of lawyers and other law-related careers, their responsibilities and salary expectations. 1. Contracts lawyer. National average salary: $63.98 per hour. Primary duties: A contracts lawyer helps individual clients or businesses with problems relating to contracts.
There are many, many laws that may apply to your situation, both on the state and federal levels – and a litigation attorney can explain them to you. So if you’re not sure what kind of lawyer you need, its okay. Most times, a general litigation attorney can help you with your legal problem. To learn more, call an attorney in your area today.
Labor and Employment. Morgan & Morgan files the most employment litigation cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes. The workplace should be a safe place.
Here are a few questions to help you determine what type of law would be a good fit for you:How Much Do You Like to Argue?How Motivated You Are by Money?How Much Control Do You Need Over Your Work Life?How Much Interaction Do You Need With Other People?What Do You Like to Do?Dec 11, 2019
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
Speaking to a lawyer should be confidential; however, you may worry that your employer will find out about your legal discussions and retaliate by firing you. Thankfully, even if your employer were to find out you spoke with a lawyer, the law makes it illegal for your employer to retaliate against you.Feb 2, 2021
However, there are many sectors of law which are less stressful:Real estate law.Intellectual property law.High Street family law.Government lawyers.Working In-House.Jul 9, 2021
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.
A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters.Sep 10, 2019
If you're being sexually harassed or harassed on the basis of your race, sex, religion, disability, national origin, age (if you're 40 or over), or other protected class, or if you're being discriminated against on the basis of those things, you should go to HR (and maybe a lawyer).Oct 27, 2020
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.
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.
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.
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.
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.
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.
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.
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.
Lawyers are employed in law firms or private practices and usually advise clients about their legal issues and how to move forward. Attorneys consult with clients like lawyers do, but are much more likely to go beyond the initial consultation and represent the client in courtroom proceedings.
Counsels are lawyers who are employed by a company or organization. Not being employed at a law firm, counsels act solely on behalf of that company or organization. These three lawyer titles within the legal field present unique work opportunities and distinct salary differences to those employed in them.
Primary duties: An associate attorney is an entry-level role, usually employed at law firms. They assist in selecting juries, represent clients in court, help clients negotiate contracts or settle corporate disputes. Associate Attorneys can be employed in different types of law, including corporate, real estate, family, and copyright cases.
Primary duties: An associate general counsel is a type of lawyer who represents an individual client or organization in court, advise s them on potential legal actions that could result from malpractice and works with a team, usually through a law firm, to build a strong case that will be used to represent a client in the courtroom.
A lawyer is someone within the legal system that can assist in and provide advice to clients on legal proceedings and legal issues. Paralegals act as assistants to lawyers or attorneys and serve as entry-level opportunities to learn more about the legal field.
National average salary: $77,780 per year. Primary duties: An intellectual property lawyer is hired to help an individual client or company on issues related to intellectual property rights and trademarks.
Primary duties: A contracts lawyer helps individual clients or businesses with problems relating to contracts. They provide advice from a legal standpoint on whether or not to agree to and sign a contract, or can help a client figure out how to combat a contract that they have already signed.
Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.
Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.
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.
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.
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.
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.
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.
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.
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.
If you were terminated for poor performance, your attorney will want to review any documents related to your performance during your employment and up until your termination. Performance reviews and employment evaluations are important in determining whether you were treated differently than other employees.
In a wrongful termination case, damages that a terminated employee may recover include lost pay, lost benefits, possible emotional distress damages, and potential punitive damages. Additionally, if you prevail against your employer you may be entitled to attorney's fees.
Performance reviews and employment evaluations are important in determining whether you were treated differently than other employees. If you were consistently rated highly during your employment but were fired for poor performance, your employer may have been covering for an unlawful reason of termination.
An employer can't legally fire anyone for a reason that breaches an employment contract or violates the law. Unlawful reasons for termination include firing in violation of anti-discrimination law, firing as a form of sexual harassment, firing in violation of labor laws, and firing in retaliation for an employee's complaint against the employer.
Most employees in the U.S. work at-will. In an at-will employment situation, an employer can fire an employee for any legal reason or no reason. However, at-will employees can't be fired for an unlawful reason. Unless an employee has a contract with their employer saying otherwise, most employees in most states are presumed to be at-will employees.
The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.
By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might ...
Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include: 1 False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations. 2 Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely. 3 False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.
This is because most contractual law involves the same assumed rights and responsibilities. The most common scenarios involve a contractor who: Fails to complete a job at all. Fails to complete a job by a deadline.
A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.
Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth.
Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.
You may need to allow the contractor the opportunity to correct the situation. If the contractor fails to correct the situation on the second try such that the project is completed to a reasonable person's satisfaction, you have the right to hire another contractor to finish the project and sue the first contactor for damages.
You may need to allow the contractor the opportunity to correct the situation. If the contractor fails to correct the situation on the second try such that the project is completed to a reasonable person's satisfaction, you have the right to hire another contractor to finish the project and sue the first contactor for damages.