when to hire an employment lawyer

Why do you need an employment lawyer?

Whether you’re the boss or just an ordinary employee, hiring an employment lawyer is necessary if you are involved in cases like workplace discrimination and contract violation.

Why do employers need an employment attorney?

If you’re the employer, hiring an employment attorney is necessary if: You need representation for a collective bargaining negotiation.

What to do if your boss hasn't given you the benefits?

Your boss hasn’t given the benefits that were stated in your employment contract. Don’t hesitate to call an employment lawyer right away when you have a work-related issue. If you don’t seek legal help immediately, the delay can stop you from proving the illegal acts committed by your employer.

What is employment law?

Also, employment law terminology is typically hard to understand, and this is where a lawyer can help by explaining the terminology used in the legislation, handbooks, and in general legal papers involving employment. An employment lawyer plays a major role in handling legal conflicts between an employer and employee.

Do you need an attorney for an employment dispute?

You must hire an attorney if you’re involved in an employment-related argument, or if you want to make sure that you haven’t violated any federal or state employment laws. Any legal conflict between the employer and their employee always requires an experienced labor attorney.

Can you hire a whistleblower lawyer?

You can also hire one for whistleblower protection. Usually, an employment lawyer represents an employee who is not involved in a union and is powerless to prove their allegations against their employer .

Should an employee seek employment lawyer help?

It's great that you mentioned that an employee should seek an employment lawyer's help if their employer forced them to sign a contract that negatively affects or waive their work benefits or privileges.

Why do employers need an employment lawyer?

Sometimes an employer needs an employment lawyer to help them avoid future legal problems, such as by ensuring that their employment contracts and policies comply with all applicable laws. An employment lawyer often becomes necessary when a dispute arises with a current or former employee.

What is employment law?

This is the type of law most often portrayed in television and movies. Employment lawyers can be either transactional lawyers or litigators, or both. Some employment lawyers focus on drafting contracts and other documents, and advising employers on legal matters that don't directly involve lawsuits.

What is the relationship between an employer and an employee?

The employer-employee relationship is subject to many legal requirements and restrictions. At one level, employment is a contractual matter between an employer and each of their employees, or between an employer and a labor union authorized to bargain collectively on behalf of the employees. Employers need to understand their rights ...

What are the laws that prohibit firing employees?

Most U.S. states have " at-will employment " laws, meaning that employers can fire employees for any reason, or for no reason at all, as long as it doesn't violate the law. Laws against employment discrimination prohibit firing employees because of factors like race, sex, religion, or disability. At the federal level, these laws include: 1 Title VII of the Civil Rights Act of 1964 2 The Americans with Disabilities Act 3 The Age Discrimination in Employment Act, and 4 The Genetic Information Nondiscrimination Act.

What laws prohibit discrimination in hiring, promotions, assignment of job duties, and other features of employment based on protected

The Age Discrimination in Employment Act, and. The Genetic Information Nondiscrimination Act. These laws also prohibit discrimination in hiring, promotions, assignment of job duties, and other features of employment based on protected categories.

Can an employment litigator represent an employer?

Depending on the type of claim, they may be able to file a lawsuit in state or federal court. An employment litigator can advise an employer of their rights in the administrative or judicial processes, and can represent the employer in court proceedings and settlement negotiations.

Does the Federal Government require employers to provide benefits?

Advising on Establishing or Modifying Employment Benefits. Federal law does not require employers to provide any particular employee benefits. If an employer decides to provide certain benefits to their employees, the Employee Retirement Income Security Act (ERISA) regulates how they must administer those benefits.

What should I look for in an employment lawyer?

When looking for an employment lawyer, you should focus on the lawyer's experience, skill-level, knowledge, and fee structure. In addition, the employment lawyer should have a method to stay abreast of the current state and federal labor laws and regulations and be familiar with various federal agency rules and organizations such as ...

What to do if you have an employment dispute?

Hire an Employment Lawyer. If you are involved in an employment dispute, or need advice about an employment-related matter, you may need to hire an employment lawyer. An effective employment lawyer can help educate you on state and federal laws concerning wrongful termination, wage disputes, defamation, whistleblower protections, ...

What are the issues that can lead to employment disputes?

Employment-related matters such as workplace discrimination/harassment, wages and benefits, workplace health and safety, wrongful termination, and family and medical leave issues often lead to employment disputes between an employer and employee.

What to do if you feel overwhelmed by an employee's rights issue?

If you're feeling overwhelmed with an employee rights issue or wrongful job loss it can be helpful to consult with an experienced lawyer. They can answer questions about your specific situation and discuss how the local laws impact your potential claims. Contact a local attorney to learn how they can help you demand fair treatment at work.

What to do if your employer violates your rights?

If you believe your employer has violated your legal rights, you should consult with a lawyer to find out how strong your claims are. For example, you might believe that you were selected for layoff because of your race, or that your employer fired you in retaliation for reporting health and safety violations.

What to do if unemployment is denied?

If your unemployment claim is denied, you have the right to appeal. State procedures differ, but typically you will have to file a written appeal and attend a hearing, in person or by phone, to state why you think you are entitled to benefits.

Can a lawyer help you file for unemployment?

If your lawyer believes you have a good case, he or she can help you file for unemployment, making sure to state the facts in the way most favorable to your case . The lawyer can also use the unemployment process to start assessing your employer's likely defenses and strategies. You were fired or quit your job.

Can a lawyer help you make a persuasive case?

And, you should carefully consider whether you have a chance of winning: A lawyer can help you make a persuasive case, but can't change the facts. If you are clearly not eligible for benefits under your state's law, hiring a lawyer won't help. Talk to a Lawyer.

What can an employment attorney do?

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem, from wages and workplace safety to discrimination and wrongful termination. But when is it appropriate to reach out?

Why do employees seek employment attorneys?

So, an employee would want to seek out an employment attorney to determine what their rights are and whether their situation is worthy of pursuing an actual lawsuit. The reason, Levitt explains, is that the agency findings are not binding and many times not even admissible because agencies do not do exhaustive investigations.

What should an employee keep in a record of incidents?

Employees who believe they are being discriminated against in some way or are not being paid correctly, etc., should keep accurate records of incidents, including dates and times. Note any witnesses. All of this information will be helpful for the agency or attorney should the employee decide to pursue action.

What is FLSA in employment law?

If the problem is on-time pay, overtime, or proper pay classification (non-exempt versus exempt status), the attorney can help the employee navigate the Fair Labor Standards Act (FLSA) to determine if the possibility exists that rights have been violated and help the employee with next steps. There are a plethora of labor laws an employer could ...

What to do if your employer-employee relationship becomes strained?

If your employer-employee relationship becomes strained on account of a dispute involving wages, workplace safety, discrimination, or wrongful termination, it's helpful to know an employment attorney who can explain both sides' rights and duties.

Can an employer violate labor laws?

There are a plethora of labor laws an employer could easily violate unknowingly (or willfully), and since there are different employee count and tenure thresholds for different laws, it's helpful to get guidance from an attorney.

Can an employee file a lawsuit if there is no evidence?

Even if the agency finds insufficient evidence, the employee still has the right to file a lawsuit. The agency will either help the employee at that point or tell the employee that they should find an attorney. So, an employee would want to seek out an employment attorney to determine what their rights are and whether their situation is worthy ...

Benefits of hiring an employment lawyer

Trying to manage a claim on your own can be time-consuming and daunting, and you would likely be doing this while trying to juggle other responsibilities. An employment lawyer will be able to navigate through the legal process in the most efficient and effective way possible.

When would I hire an employment lawyer?

The ideal time for you to hire an employment lawyer is as soon as a dispute arises or as soon as you realize there may be an issue relating to your employment.

How do I choose the right employment lawyer?

Speak with the firm through a consultation. This is not only an opportunity for you to get a better grasp of your case but also to get feel for the lawyer and the firm.

What does an employment lawyer cost?

In Toronto, almost no employment lawyer charges less than $250 per hour. This amount is usually charged by junior lawyers at small firms. Larger firms and lawyers with more experience will usually charge over $400 per hour, with some charging around $800 per hour and up.

Why choose Monkhouse Law?

Monkhouse Law practices workplace law and can help navigate these complex legal issues for both employers and employees. We are highly knowledgeable in both Canadian Employment Law and Ontario Employment Law.