What Do Employment Attorneys Do?

Whether you are in human resources, management, or work for a business on the front lines, sometimes unexpected events occur that have legal ramifications. Although most employees work “at-will,” there are still unlawful reasons for firing them. However, this is not the only way an employment attorney can benefit both employers and employees. In this article, some of the topics addressed include:

There many legal requirements and restrictions that affect the employer-employee relationship. An employment lawyer provides advice to both employers and employees regarding state and federal law violations. They ensure that employers comply with workplace regulations and ensure employees are treated consistently and fairly. Employment attorneys handle a variety of employment disputes such as:

Employment lawyers protect employers and employees in a variety of transactional situations as well. They often draft legal documents, negotiate agreements , and advise management. Depending on the need, they may also research and prepare documents that bring companies together, such as corporate mergers and acquisitions.

Employment law is incredibly complex, with requirements that can change rapidly. Government agencies and the courts refine their interpretations of state and federal statutes every day. Sometimes it overturns the previous meanings. Lawsuits brought by current and former employees can result in significant damages awarded against the employer. As a result, there are many ways an employment lawyer can help organizations.

Sometimes the relationship between an employer and employee should not continue. An employment attorney can provide legal advice before releasing them for performance issues, misconduct, or other issues. Situations that you, as an employer, can benefit from a lawyer’s guidance include:

There are many reasons you can legally release an employee from your employment. However, if they have excessive absences for personal reasons, FMLA or the Americans with Disabilities Act may cover them. You can benefit from the advice of a wrongful firing attorney in these situations. If an employee is in a protected class, they may claim discrimination if you fire them.

If an employee has access to competitive information or high-level trade secrets, a lawyer can help you determine the best way to protect your organization. This can minimize the potential for leaked information.

An attorney can help you minimize the risk of a lawsuit and provide the proper steps to ensure that their employment release is legal.

The way you classify your employees can affect a significant portion of your workforce and increase your potential liability. Misclassification can result in your business paying out thousands of dollars in years of unpaid overtime and penalties for multiple employees. An employment attorney can clarify the requirements for independent contractors versus employees and exempt versus non-exempt positions.

If a current or former employee files a lawsuit, having an employment attorney who already understands your business and processes can help you quickly take action, especially if you have to file a response within a few weeks of receiving notification of the suit. He or she can ensure your rights are protected and preserve evidence that can be used in court.

Employees can initiate an adversarial process, which falls just short of a lawsuit. This can happen if they file a charge of retaliation, discrimination, or other action with the U.S. Equal Employment Opportunity Commission or a similar agency. It can also occur when a former employee appeals the denial of unemployment benefits.

Hiring an employment lawyer before you develop employment policies can help you avoid certain types of conflict and help you protect yourself if a lawsuit arises. If employees want to join a union and negotiate collective bargaining agreements, an organization needs legal representation to help them comply with state and federal statutes relating to the arrangements. The lawyer can also act as the advocate for their interests during negotiations.

If you believe you were wrongfully terminated from your job or that your employer is not complying with state and federal statutes, an employment attorney may be able to provide the guidance you need and help you understand what is required to take action. While not all employment matters require a lawyer’s expertise, there are several situations in which you can benefit from legal counsel.

If you believe you were wrongly disciplined or your boss mistreated you, a lawyer may be able to help. These situations are challenging to prove. Collecting data and building a solid case is critical. Lawyers experienced with employer disputes understand what steps must be taken and have the resources to gather the expert witnesses, character references, and documentation to create a successful strategy.

Title VII of the Civil Rights Act prohibits workplace discrimination based on color, gender, national origin, national origin, pregnancy, race, or religion. People in these classes are considered protected from unequal treatment. If you experience discrimination in the workplace and are part of a protected class, you can seek punitive and compensatory damages. The requirements for proving discrimination are extensive, and a lawyer familiar with the complexities of the situation may help you mount a successful case.

A hostile or toxic work environment can disrupt the rest of your life, negatively impact your health and self-esteem. Studies show it’s among the top causes of death in the United States. The courts consider harassment, including physical touching, improper behavior, harsh language, and physical coercion, indicators of a workplace that violates Title VII. An attorney can help you prove the hostile environment of your workplace and receive appropriate compensation.

An attorney can evaluate your situation and determine if you have a case. During the assessment, he or she considers your financial losses, lost benefits, emotional distress, and potentially punitive damages. Talking with an attorney before lawsuits are filed can save you time and money in the long run. It can also prevent you from taking action that could make a bad situation worse.

Employment law covers a broad range of issues, from contracts and unfair labor practices from employment policies, arbitration and performance evaluations. The RMK Law team and legal advisors understands how to navigate the complexities of the legal system from both sides of the dispute. Our law firm represents large organizations and individuals, providing practical solutions and managing risk for complex legal matters. Our legal team can guide you through employment issues and conflicts, representing you in court if litigation is unavoidable. Contact our law team today to learn more about our employment law services and how we can help you resolve the situation successfully and lawfully.

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