when do i need to seek a lawyer to prtect my job

When do you need a lawyer?

Jan 16, 2018 · Among the countless worries for entrepreneurs who are starting or are already running a small business is the question of whether they need a business lawyer. The perception is that attorneys charge high rates and many small businesses don't have much, if any, extra capital with which to pay lawyers. As a result, most small business owners only hire an …

What if my attorney is not doing his or her job?

Mar 16, 2022 · 3. Law Suits. If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too. Most of these things are settled out of court, but you want an experienced negotiator on your side. 4. A DUI

Do I need an attorney to take legal action against my employer?

Mar 19, 2014 · If I Am Injured on the Job, How Can I Protect My Rights? The most important way, and also the easiest way, to protect your legal rights is to report your injury to your employer . Most states require that you report your injury within a certain period of time, typically the same day or within a few days of the incident.

Should I hire a small business lawyer?

May 21, 2016 · If you have a permanent problem as a result of your injury, permanent restrictions, or are unable to return to the type of work you usually do, a lawyer can help you secure fair compensation. Denied Claim If your claim is denied by your employer or their insurance carrier, you will most likely need a lawyer to help you prove you case.

What rights are protected in the workplace?

The right to a safe work environment, free from undue dangers. The right to a degree of privacy in your personal matters. The right not to be discriminated against on grounds of your age, race, national origin, gender, ethnicity, pregnancy, religion, or disability.Jun 25, 2019

When should you seek advice for a lawyer?

Some specific situations that may call for seeking legal advice, and soon, may include: Signing a contract – it never hurts to have an attorney review the terms and conditions of a contract to ensure you're not agreeing to unfair terms. Once you sign, it's often too late to make any meaningful changes.Oct 27, 2017

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

Why is it important to have an employment lawyer?

An employment lawyer focuses on ensuring that the legal rights of employees are protected, and that the employer is treating the employee fairly. Employers also have legal rights. The law protects both, so many clients prefer to work with a law firm that focuses on their specific needs.

Who will you go to if you need legal advice?

In general, only a licensed attorney can give legal advice, but there is distinction between “legal advice” and “legal information.” Any non-lawyer can simply recite laws, but it is illegal for a non-lawyer or unlicensed attorney to offer legal advice or represent someone other than herself in a court of law.Jul 27, 2020

What is an example of legal advice?

Some examples of legal advice include: Selecting, drafting, or completing legal documents or agreements that affect the legal rights of a person. Representing a person before a court or other governing body. Negotiating legal rights or responsibilities on behalf of a person.Feb 11, 2022

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

When should I talk to my boss about HR?

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

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 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.

Who handles the prosecution of a crime?

The prosecution is handled by lawyers employed by the governmental entity, and the defense is handled by either a publicly appointed defender or a private defense attorney whom the defendant pays. In criminal law, there are misdemeanors (small offenses) and felonies (more serious crimes).

What happens if you are sued?

Law Suits. If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too. Most of these things are settled out of court, but you want an experienced negotiator on your side. 4.

What are the two legal categories?

Two Legal Categories – A Short Explanation 1 Civil Law: This area of law covers all legal issues that do not involve criminal activity or breaking the law. Generally, one party sues another because they have been “wronged” in some way and want some type of compensation for that “wrong.” Civil law also covers legal agreements, real estate transactions, divorces, child custody, and other matters where legal paperwork is necessary to protect all parties involved. 2 Criminal Law: This area of law relates to offenses that break the laws of a local, state, or federal governments. The prosecution is handled by lawyers employed by the governmental entity, and the defense is handled by either a publicly appointed defender or a private defense attorney whom the defendant pays. In criminal law, there are misdemeanors (small offenses) and felonies (more serious crimes).

What is a complex divorce?

1. A Complex or Nasty Divorce. When couples mutually agree on all of the details of a split, there is no real need for a lawyer. When, however, there are issues of property, investments, savings, support, debt, and child custody arrangements, only a fool neglects getting legal representation.

Can you go to court for DUI?

A good lawyer can meet with the prosecutor and get the charges reduced, especially if this is your first offense. Never go to court on a DUI charge without a lawyer — unless you are willing to accept the maximum penalty.

Is a public defender better than a private attorney?

Defendants who have personally hired attorneys always fare better than those who do not or those who take a public defender. Remember, a public defender is on case overload, and will usually recommend a plea bargain that will be worse than what a private attorney could get you. If you qualify financially for a public defender, still try to find a friend or relative willing to pony up the money for a lawyer.

Is it scary to face a criminal charge?

Facing any criminal charge is scary, and you may not even know your rights as an accused person. Get a lawyer immediately for protection of your rights and so that you are defended as well as possible — guilty or not.

How long do you have to report an injury to your employer?

Most states require that you report your injury within a certain period of time, typically the same day or within a few days of the incident.

What rights do you have when you are injured?

Generally speaking, however, there are a number of legal rights that are common across most states: you have the right to see a doctor and to pursue medical treatment.

What are the rights of workers compensation?

Generally speaking, however, there are a number of legal rights that are common across most states: 1 you have the right to file a claim for your injury or illness in workers compensation court or the state industrial court 2 you have the right to see a doctor and to pursue medical treatment 3 if you are released to return to work by your physician, you have the right to return to your job 4 if you are unable to return to work because of your injury or illness, whether permanently or even temporarily, you have the right to some type of disability compensation 5 if you disagree with any decision by your employer, the employer's insurance company, or the workers' compensation court, you generally have the right to appeal that decision, and 6 you have the right to be represented by a lawyer throughout the process.

What causes an injury on the job?

Sometimes your on-the-job injury might have been caused by the negligence of a third party. Depending on the circumstances, this other person or entity may be a designer or manufacturer of a defective piece of equipment or perhaps the driver of a delivery truck.

Can you be injured on the job?

Occasionally, however, employees can still be injured on the job even when every effort has been made to make a workplace safe. These injuries may include everything from broken bones, aggravations of pre-existing conditions, occupational illnesses, even psychological injuries.

What is third party claim?

If you are injured while at work due to the negligence of another party, you may have the right to bring a claim against that person or entity. These are known as "third party claims.". Typically, these claims are not filed in the workers' compensation universe.

Do employers have to provide a safe work environment?

Employers in every state are required to provide to their employees a reasonably safe and healthy work environment. Sometimes employers fail to fulfill this duty, and employees are injured as a result. Occasionally, however, employees can still be injured on the job even when every effort has been made to make a workplace safe.

What to do if your claim is denied by your employer?

Denied Claim#N#If your claim is denied by your employer or their insurance carrier, you will most likely need a lawyer to help you prove you case. Some denied cases involve complicated legal issues best handled by an attorney.

What to do if you refuse to pay weekly benefits?

Refusal to Pay Weekly Benefits#N#If you are unable to work and are not getting paid weekly benefits, you should consult a lawyer. Important tip: Always get your work status in writing from the doctor, provide a copy to your employer and keep a copy for your records!

What is permanent disability?

Permanent Disability, Permanent Restrictions , or Inability to Return to Previous Employment#N# If you have a permanent problem as a result of your injury, permanent restrictions, or are unable to return to the type of work you usually do, a lawyer can help you secure fair compensation.

What are your rights as a mental health patient?

If you have depression, post-traumatic stress disorder (PTSD), or another mental health condition, you are protected against discrimination and harassment at work because of your condition, you have workplace privacy rights, and you may have a legal right to get reasonable accommodations that can help you perform and keep your job. The following questions and answers briefly explain these rights, which are provided by the Americans with Disabilities Act (ADA). You may also have additional rights under other laws not discussed here, such as the Family and Medical Leave Act (FMLA) and various medical insurance laws.

What does it mean when symptoms come and go?

If your symptoms come and go, what matters is how limiting they would be when the symptoms are present. Mental health conditions like major depression, ...

Can you ask for an accommodation?

You may ask for an accommodation at any time. Because an employer does not have to excuse poor job performance , even if it was caused by a medical condition or the side effects of medication , it is generally better to get a reasonable accommodation before any problems occur or become worse.

Can you report harassment based on disability?

Harassment based on a disability is not allowed under the ADA. You should tell your employer about any harassment if you want the employer to stop the problem. Follow your employer's reporting procedures if there are any. If you report the harassment, your employer is legally required to take action to prevent it from occurring in the future.

Is it illegal to retaliate against an employer?

It is illegal for your employer to retaliate against you for contacting the EEOC or filing a charge. For more information, visit http://www.eeoc.gov, call 800-669-4000 (voice) or 800-669-6820 (TTY), or visit your local EEOC office ( see https://www.eeoc.gov/field for contact information).

Is it illegal to discriminate against someone with mental health issues?

No. It is illegal for an employer to discriminate against you simply because you have a mental health condition. This includes firing you, rejecting you for a job or promotion, or forcing you to take leave.

What is the privilege to answer questions?

This is a common situation. You will be under oath at the deposition. That means you must answer questions fully and truthfully. While you have a privilege in certain cases to decline to answer questions (for instance, the attorney-client privilege, or the Fifth Amendment right against self-incrimination), you must fully and truthfully answer questions to which no privilege applies. You would not have a privilege simply because you believe your answer is against the interests of your current employer, and you fear that your employer will retaliate against your for answering that question. Your new company will likely have you meet with its attorneys beforehand to prepare you for the deposition. Keep in mind that these attorneys' duty of loyalty is to the company. If you believe that there is some conflict or risk of adverse consequences as a result of what you might say, you would be wise to contact an attorney of your choice to seek advice. That meeting with your own attorney should come before you meet with the attorneys for your company. Good luck.

What happens if you don't answer questions at a deposition?

If you are called and sworn as a witness to testify at a deposition you have an obligation to truthfully answer questions that do not call for privileged information. You are not required to answer questions that call for the disclosure of privileged communications, such as attorney client, doctor patient, accountant client and, minister parishioner communications. However, if you think you may be asked to disclose such information it would be advisable to tell your new employer's attorney and ask the attorney to object to your providing that kind of information. If you fail to answer questions that are not protected by privilege you could be held in contempt of court and jailed or fined or both. It is a violation of Michigan public policy to terminate an employee for giving truthful testimony under oath. Depending on the kind of case you are being deposed in it may also be a violation of the statute the litigants are proceeding under. For example, if the suit is brought under the civil rights laws, it is a violation of the anti-retaliation provisions of those laws to demote, fire or take away a benefit of employment because you give truthful testimony in a proceeding under the law.

What happens if you are subpeoned to appear at a deposition?

If you are subpeoned to appear at a deposition and placed under oath you must answer truthfully or the penalty is perjury It would be illegal and an act of discrimination in violation of public policy to terminate you for obeying the law and refusing to violate the law . Having said that I would discuss this with your current employer and its lawyer and express your concern and anxiety about the process.

Can you file a motion to quash a subpoena?

Assuming you have been subpoenaed, you could file a motion to quash the subpoena, or otherwise work with the lawyer to reschedule the deposition or to set up other parameters.

Do you have to tell the truth when you are served with a subpoena?

As you will be served with a subpoena and testify under oath, you must tell the truth. If you are afraid of criminal prosecution you should retain a lawyer to attend the deposition with you.

What happens if a company fires you?

. . that's perjury. If company fires you you'll have a lawsuit against them on "public policy" grounds. They're NOT supposed to punish someone for testifying . . . even if it goes against them. That would be a wrongful termination.

Can you be subpoenaed for a deposition?

Since you are not a party to the lawsuit, they would have to subpoena you for a deposition. If a subpoena is issued for you to attend a deposition, you will have to appear. If your answers would place you in criminal jeopardy, you can always invoke your 5th Amendment rights. Otherwise, you may have to truthfully answer the questions. Prior to your deposition you may wish to speak with an attorney who can assist you in truthfully answering the questions but maybe in a way that will also protect your interests.

When to negotiate severance?

The best time to negotiate the severance associated with a separation agreement is often when an employee is agreeing to join a company rather than when the employee decides, or is forced, to leave. During the hiring process, employers focus on the value that an employee can bring to the business.

What do you need to know before signing a separation and release agreement?

You must understand your rights and obligations before preparing or signing a separation and release agreement. You need to know what you are getting and what you are giving up.

Why do companies offer severance packages?

Companies frequently use the promise of a severance package to recruit top talent and incentivize performance. In addition, employees typically want to impress prospective employers and avoid overly aggressive negotiation tactics. After all, the employee may be working with the company for years to come.

What is separation release agreement?

A separation and release agreement is a contract between a company and a departing worker, usually an employee. A properly-drafted separation and release agreement can greatly benefit the company. It can minimize the threat of litigation, guard against the loss of clients or staff, and protect good-will and reputation.

How long does a company have to pay severance?

Many employers base the severance offer on the length of the employee’s tenure with the company – such as 2 weeks of severance for every year of service.

Why do employers invest time and resources?

Employers often invest significant time and resources to recruit and train staff. They spend years, even decades, building their clientele and good will. They develop proprietary and non-public information that is critical to their business.

What is the OWBPA?

For example, federal law prohibits an employee from waiving any right or claim under the Older Workers Benefit Protection Act (OWBPA), which is part of the Age Discrimination in Employment Act (ADEA), “unless the waiver is knowing and voluntary.”.

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. Most attorneys representing employees do so because they understand that non-unionized employees are relatively powerless against employ…

See more on workplacefairness.org

Do I Need to Talk to A Lawyer Right away?

How Do I Find A Lawyer?