There are many lawyers out there who specialize in labor and employment law, but what exactly do they do? Employment lawyers help employees recover and compensate for their wrongs. An Employment attorney can pursue legal action on your behalf to get the money you deserve and take the employer to court if necessary. If you think that you’ve been a victim of wrongful termination, discrimination, or retaliation at your workplace, then an employment lawyer may be able to help you with these issues.
The best way to know whether you need to hire a lawyer to represent you is by understanding employment laws, what an employment attorney does, and what rights are protected in the workplace.
What is an employment lawyer and what are they responsible for?
An employment lawyer, also known as an employment attorney, is a type of law professional who specializes in labor and employment laws. They work with employees to protect their rights and interests, such as during the hiring process or when an employee has experienced workplace violations of their protected rights.
The Goal of an Employment Attorney
The goal of an Employment attorney is to provide you with legal services that help restore your dignity and allow you to recover from any damages done by employers. If you believe that your employer violated federal law then the employment lawyers may take the claims into court on behalf of the employee or employees if necessary.
The Two Primary Responsibilities of an Employment Attorney
An Employment lawyer will generally have two primary responsibilities: advising employees about their rights at work and representing them before courts for cases involving violations against those rights (such as wrongful termination). The employment attorney will also ensure that an employer doesn’t violate an employee’s employment contract in any way.
Employment law basics: who is protected by the law and what rights do employees have?
The sad reality is that most employees do not know their rights protected by labor laws, which makes it very easy for employers to violate those protected rights. Thankfully, an employment attorney will dedicate all of their time and attention to ensure your rights are protected.
The Department of Labor’s main responsibility is to protect all employees of any age, race, gender, or nationality. The Department of Labor enforces the Fair Labor Standards Act, which is a set of laws meant to protect workers from unfair treatment from employers.
The Fair Labor Standards Act
The Fair Labor Standards Act is the primary federal law that establishes the rights of employees in this country. The act guarantees minimum wage and overtime to most U.S. workers, sets standards for record-keeping, and prohibits most employment in certain dangerous occupations.
Many states have passed their own labor laws that provide additional protection to employees. California has some of the most employee-friendly labor laws in the United States.
Unfortunately, sexual harassment is something that many workers deal with in the workplace. Sometimes, the sexual harassment against the employee can come from the employers or it could be from a co-worker. The employee has every right to safely complain about this behavior and is protected from doing so from labor laws established by the federal government.
One of the most basic and important rights is that an employer may not retaliate against you for asserting your legal rights. Retaliation against an employee for a complaint about discrimination, wrongful termination, harassment, or any other valid claim is illegal.
Employers are also prohibited from discriminating against an employee because of some protected characteristic such as sex, race, age, disability, or religion.
Federal and state law prohibits employment discrimination in virtually all aspects of employment including hiring practices and pay rates as well. Employers are also required to give every applicant an equal opportunity for open positions and must pay the same rate for similar job positions.
Employers also have a responsibility to provide employees with reasonable accommodations in cases where they could perform their job, such as temporarily assigning them different tasks or modifying work hours, if it does not create an undue hardship on the business. If an employee does not receive reasonable accommodations at their workplace then the employee has every right to file a claim which is also protected from retaliation.
Notice of Termination
Additionally, it is the law for employers must give employees notice of any potential impending termination at least 30 days before making it happen – though there are exceptions when people are terminated because of conduct violations like theft or harassment.
Collective bargaining is a way for employees to come together and negotiate with the employer so as to improve wages, hours, benefits, or other conditions of work. The law states that employees cannot be fired or retaliated against for collection bargaining.
Another common violation that employees may experience is wage and hour violations. Minimum wage is a law that requires employers to pay their employees at least the federal minimum wage. Sometimes, employers can short the pay or don’t correctly log the work hours of an employee, which is highly illegal.
If you suffered from any of the issues mentioned above during your employment then you should contact an employment attorney as soon as possible.
When should I contact an employment lawyer?
An employment attorney should be contacted when an employee is terminated because of conduct violations like theft or harassment. The law also protects from discrimination (whether based on race, age/sex/sexual orientation, disability) and retaliation for taking time off due to health issues, sickness, etc.
An employment attorney will be able to speak with you about your claims and inform you whether you have a legitimate case to file a class-action lawsuit against your employer.
How do I find an employment lawyer?
There are many different ways to find a labor or employment attorney. You could do a simple Google search of employment attorneys in your area or you can use attorney directories. We will discuss the options for employees to find an employment attorney below.
National Association of Counsel for Employment
The best way to find an employment attorney is by searching for them on the National Association of Counsel for Employment website. This will allow you to browse through attorneys in your area and their reviews.
Ask A Friend For Suggestions
You can also do some research about potential candidates or ask around if people have any suggestions who they’ve had a good experience with. Once you find someone, make sure that he/she has enough expertise in this field before hiring them because it could be really expensive otherwise.
An alternative option would be to hire one from Avvo (Avvo is an online directory that lists different lawyers). They offer free consultations so just like other legal service websites, you are able to communicate with prospective employment lawyers without wasting money upfront.
Here’s a list of other attorneys directories where an employee can check out their options:
Why you should always get a free consultation before hiring an attorney
Finding the right law firm for your case is very important. You want to find someone you can trust and who will help you get through the legal process as smoothly as possible.
There are a few things that should be considered before hiring an attorney: expertise, cost, and location. An employment lawyer with experience in wrongful termination cases would be ideal because he/she knows what it takes to win such cases and has helped people who have faced similar struggles resolve their issues successfully.
Free consultation before employment with a law firm is important because it will give you the opportunity to ask questions and get a better understanding of how they operate.
Examples of situations where you would need a lawyer’s help
Here are a few of the major employment violations that workers may experience that warrant hiring an employment or labor law firm:
- Wrongful termination: If an employee was terminated from their employment and believes that the termination process is illegal, they may be able to file a claim.
- Employment discrimination: If an employee experienced employment discrimination on the basis of race, gender, age, or anything else protected by law (such as disability), they may be able to file a claim against their employer.
- Retaliation: If an employee experienced retaliation in response to having made a complaint about their employer’s violation of policy, sexual harassment, or discrimination, they may be able to file a claim of retaliation.
- Wage/hour violations: If an employee believes they were not properly paid for their work then they may be able to file a claim for wage/hour violations.
- Employee access to records: Employees have the right to view their personnel files at any point in time. If an employer denies this right then they may be able to file a claim for denial of access.
When it comes to your legal rights in the workplace – don’t go into battle unprepared! Hire Crosner Legal.
When it comes to hiring a labor and employment law firm, don’t go into battle unprepared!
Crosner Legal is a premier employment and labor rights law firm that represents employees throughout the state of California and specifically, the Greater Los Angeles area. Crosner Legal can help employees who experience wrongful termination, workplace discrimination, retaliation, harassment, and wage and hour violations in their workplace.
Here at Cronser Legal, your safety, your rights, and your deserved compensation are our main priorities. Whether you are an independent contractor or a full-time employee, we know the law and our attorneys will make sure that you are protected. We care about workers, we fight for workers, and we want to make sure that all workers are protected and respected in their workplace.
Don’t deal with discrimination in the workplace! Let our attorneys use the laws to defend you and your rights!
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