Employment law encompasses a wide range of issues related to the employer-employee relationship. An employment lawyer provides legal advice and representation for employers and employees. Employment lawyers handle a wide range of cases, from drafting employment contracts to helping employers comply with regulations.
An employment lawyer handles cases involving any aspect of employment and labor law. Some employment attorneys may focus solely on representing employers or employees. Many attorneys take cases from both parties.
What Types of Cases Do Employment Lawyers Handle?
An employment lawyer handles many different matters for employees and employers. Examples of matters an employment attorney may handle include, but are not limited to:
Drafting Employment Contracts
Many states are at-will work states. An employee can leave a job at any time without a reason. Likewise, an employer can terminate an employee without reason, provided the reason for termination is not illegal.
Even in at-will work states, some employers use employment agreements or contracts. Employment contracts specify the terms of employment, such as wages, hours, job duties, reasons for termination, benefits, etc. An employment lawyer assists in negotiating and drafting employment contracts to ensure the contracts are legally binding.
Monitors Regulatory Compliance
Companies may have many federal and state regulations they must follow. An employment lawyer helps businesses comply with labor and employment regulations to avoid non-compliance issues, including lawsuits, fines, and other penalties.
Handling Employee Disputes
An employment lawyer represents an employee or an employer in a dispute. Examples of employee disputes include:
- Wrongful termination
- Harassment
- Retaliation
- Disputes related to Family and Medical Leave rights
- Wage and hour disputes
- Sexual harassment
- Discrimination in the workplace
- Workers’ compensation cases
- Employee benefits
An employment lawyer assists their client in resolving the dispute as efficiently as possible. Usually, that involves negotiating a settlement or using mediation to resolve the issue. In some situations, the case may go to trial.
Classification of Employees
An attorney helps workers and employers ensure that employees are classified correctly. Most workers are employees. They are entitled to benefits, and the employer must withhold payroll taxes.
However, companies may hire independent contractors. An independent contractor is not entitled to benefits, and the company is not responsible for payroll taxes for the independent contractor.
What Can an Employment Lawyer Do to Help You?
There are many reasons why you may need to hire an employment lawyer. Examples of how an employment attorney can help you include:
Legal Advice and Guidance
Employment lawyers review matters for clients and offer legal advice and guidance. They explain the state and federal laws that apply to the matter and the client’s legal options. Businesses and employees benefit from preemptive legal advice to avoid disputes and problems.
Investigations
If you are involved in a dispute with your employer or employee, an employment attorney investigates the dispute. They gather evidence and information about the dispute to determine your rights and legal options. Depending on the employment matter, your attorney may prepare a lawsuit, or they may file a claim with a government agency.
Explain Liability and Compensation
You could be entitled to compensation if your employer violates your rights or breaks the law. Your attorney determines the compensation you are entitled to receive, including how much your claim may be worth.
Employers may be liable for employment claims or non-compliance issues. An employment lawyer explains the potential for liability and discusses options to minimize losses for the employer.
Explain the Process
Employment issues are handled in different ways. An employment attorney has knowledge of the process for each type of employment matter. They explain the process, ensure all steps are taken, monitor deadlines, and keep your case moving toward a positive resolution.
How Do I Know if I Need to Hire an Employment Lawyer?
Not all employment matters require a lawyer’s assistance. However, you never want to be in a position where you should have hired an employment lawyer but did not. Therefore, meeting with an attorney is the best way to know if you need an employment attorney. Most lawyers offer a free or discounted consultation to review the situation and advise if they can help.
Because some employment matters are controlled by state law, it is wise to seek advice from an employment lawyer practicing in your state. If your employer/employee is in another state, the attorney should advise whether they can assist you or if you need to hire an employment attorney licensed to practice in the other state.
You can protect your rights by seeking legal advice from an employment lawyer with significant experience and a thorough understanding of employment law.