what type of lawyer do i need when i worked and didnt get paid

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

Should I hire a lawyer to take my employer on?

It's worth the time and money to sit down with an attorney and get a full assessment of your potential legal claims, the avenues of recovery, the damages you can recover, and the fees and costs you will pay to pursue a claim. Only by doing this in-depth analysis can you decide if you want to hire a lawyer to actually take your employer on.

Do I need a lawyer to file a wage claim?

You need a lawyer to help you decide if your wage claim is worth pursuing. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms.

What happens if you don’t have a lawyer?

Without a lawyer, an individual runs the risk of inadvertently waiving their rights to alimony, visitation with their children, or even custody of their children. What Do Probate and Estate Planning Lawyers Do? Legal matters of probate include probating wills, guardianship, emancipation and conservatorship.

What do you need to know about getting a lawyer?

You and your lawyer will discuss what you might recover in damages and the attorney fees you may have to pay to pursue those damages. A big factor for most people when considering a legal action is how much they will have to pay a lawyer.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Do lawyers handle different types of cases?

There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.

Harassment at Work

Whether it is your employer or fellow employees who engage in sexual or other harassment at the workplace, you have rights.

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.

Unlawful Termination

The employer’s right to terminate the employees is not absolute; it is conditional. Your termination may be illegal given your situation, and you could fall into a protected class.

Overtime Collection

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

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 does an unpaid wages lawyer tell you?

A good unpaid wages lawyer will always look you in the eye and tell you what you need to know – not what he thinks you want to hear. In a case like this, it’s important that your attorney shares the good, the bad and the ugly truths with you.

What do attorneys do?

Many attorneys work with teams of people, including law clerks and paralegals who negotiate and appear in court . It’s important that your attorney communicates with you in ways you feel comfortable, whether it’s over the phone, in person or through email (or all three).

Is unpaid wages complex?

Again, unpaid wages claims can be complex. It makes sense to work with an attorney who focuses primarily on employment law rather than in other fields, like criminal defense or family law, because there’s a lot to keep up with.

Do lawyers share past settlements?

A good lawyer won’t mind sharing past results with you. If he’s won big settlements for his clients, he’ll let you know. While that’s no guarantee that the same will happen in your case – there’s no way to predict a case’s outcome – it can be a good indicator that you’re talking to a skilled attorney.

What to do if you have not received your wages?

Check Your Employment Agreement or Manual. If you have not received wages due to a difference in timing or because you were recently terminated, there may be something in your employment manual that addresses this. For example, your employer may reserve the right to withhold your last check until you return certain equipment or have it deducted ...

What happens if you don't get your wages?

Additionally, you may be entitled to additional benefits and penalties if your employer refuses to pay you in violation of local or state law. If you have not received your pay, the following courses of action may be available to you to help recover your wages.

What to do if there is no specific provision in the manual?

Even if there is not a specific provision in the manual or contract, notify human resources or the payroll department of the problem through the channels described in your employment manual for other kinds of disputes. If you are part of a union, your union contract may address wage disputes.

What to do if you don't believe your case is worth it?

If you do not believe that your case is worth the expense of filing a lawsuit, you may consider filing a small claims case. This option is available for parties who do not have attorneys to represent them or their interests.

Can an employment lawyer help you with a claim?

While some of the other methods described here may help you to bring forth a claim, they may not give you the personalized advice and attention that you want. An employment lawyer may be able to assist you with the process and inform you which of the above options is best for your particular set of circumstances.

Can you file a class action lawsuit against multiple employees?

If the wage actions affect multiple employees, you may discuss the possibility of filing a class action lawsuit. Additionally, an attorney can notify you of any relevant statute of limitations to ensure that you file your complaint in a timely manner.

Why do I need an attorney?

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.

What is employment law?

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.

Can an employer file a lawsuit without a lawyer?

Most employers have much more experience and resources than you to evaluate and handle claims. An employee who has not consulted an attorney can be at a real disadvantage. Succeeding in an employment lawsuit without a lawyer (called filing "pro se") is virtually impossible.

1. Corporate Law

The primary role of a corporate lawyer in a large law firm is to ensure the legality of company transactions. In most cases, attorneys' salaries with big law firms will start somewhere between $30,000 and $100,000 a year, depending on the size, location and financial condition of the employer.

2. Criminal Law

Criminal defense lawyers represent individuals under investigation for a crime or who have been arrested for a crime. There is room for a huge difference in salaries depending on the type of criminal cases the attorney handles. The salary trajectory based on the type of criminal lawyer and years of experience is:

3. Bankruptcy Law

Attorneys who handle bankruptcy matters assist individuals and companies in filing for bankruptcy relief. They may also work with creditors to file claims in bankruptcy cases.

4. Family Law

Family law is another area of law that is in high demand. It covers all matters related to divorce, including custody, property division, and domestic support. Family law also includes martial agreements and paternity questions.

5. Immigration Law

When it comes to types of private practice lawyers that make the most compensation, immigration lawyers round up the bottom of the list, according to labor statistics. Immigration lawyers are people who work in the field of helping citizens obtain legal documentation of their current status in the United States.

6. Civil Rights Lawyer

A person that focuses on cases that revolve around things like equality, social freedom, human rights, and discrimination are civil rights lawyers. Often, they handle cases where citizens are put under scrutiny for things they cannot control—the color of their skin, sexual orientation, etc.

7. Personal Injury Lawyer

How much money personal injury lawyers made in the United States during 2019 was $122,960 per year, according to the American Bar Association.

What to do if client doesn't pay?

If the client still hasn't paid you, send a final demand letter before filing a lawsuit. A final demand is much the same as the debt collection letter described above, but it usually more clearly states that you intend to sue if the client doesn't pay. You can also hire an attorney to write a final demand letter .

Who gets paid first when collecting debt?

When it comes to collecting debts, the squeaky wheel usually gets paid first. A client who is struggling financially and has only enough money to pay one creditor , will likely pay the one who makes the most fuss. Do be prompt with follow up.

Do you have to retain an attorney if you sue?

The cost to have an attorney write a letter is substantially less than what you'd pay if the attorney represented you in a lawsuit, and unless you agree otherwise, there's no requirement to retain the attorney if you later decide to sue.