Why You Should Hire An Employment Lawyer
Employment lawyers play a vital role in guiding a company regarding the legal aspects of running a business. They provide various services to the employers as well as the employees. Their role involves the explanation of rights to dealing with workers’ compensation disputes. They make sure that employers and their employees are treated in a fair manner.
Here is what a good employment lawyer does:
- Explains the Rights:
An employment lawyer explains the clients their rights. Whether it is an employee or employer, the lawyer explains the laws applicable to a certain case. And options available to the client. These options may include litigation, mediation, negotiation, or other actions. A lawyer also explains the pros and cons of each and every options and guides about the best way to proceed further.
- Compliance with the Laws:
Employment lawyers ensure that employers remain compliant with various employment laws. This includes compliance with federal and state anti-discrimination laws, drafting policies, and advising employers not to discriminate among employees on the basis of sex, religion, color, nationality, etc. employment lawyers also inform employers about their obligations that must be in compliance with OSHA guidelines and regulations. These lawyers also defend their clients in front of government agencies and boards.
- Filing a Complaint:
A complaint is usually filed with the Equal Employment Opportunity Commission before an employee takes any private cause of action. Employment lawyers help employees in filing the complaints and guide them the process, explain the time limits in which the complaint and other factors relevant to claim must be filed.
Employment lawyers also help in employment lawsuits. These lawyers represent the employees when they file a case against their employer on the basis of discrimination, wrongful termination, wage and hours claims, workers compensation, or denied benefits. Moreover, these lawyers also defend the employers against these charges. Employers in some cases file a lawsuit against their employees who break the confidentiality agreements.
- Wage and Hour Claims:
Wage and hour claim occurs when the employer does not compensate an employee to which he or she is entitled. An employer may ask an employee to work doing off-duty hours, but does not pay for the over time.
- Employment Discrimination:
When an employee is terminated, demoted, reassigned, not hired or discriminated, an employment discrimination lawsuit occur. Title VII of the Civil Rights Act, 1964 prohibits employers to discriminate employees on the basis of race, color, sex, origin, and religion. Under the Age Discrimination Act, it prohibits discrimination among employees of age 40 and above while the Disabilities Act prohibits discrimination on the basis of employee’s disability.
- Class Action against Employer:
When the employees are affected similarly by an action of the employer, the employees may join in a class action against their employer. This leads to multiple plaintiffs, and the employees can split the cost of litigation among the party members.
- Workers’ Compensation Claim:
These claims arise when the employer does not compensate an employee when he or she becomes ill or injured while performing the duty. Employment lawyer helps the employee in filing an appeal or a lawsuit. An employment lawyer may also protect the interest of the employer.
- Third Party Lawsuit:
In certain cases, an employee can file a lawsuit against another party other than his or her employer for the work-related personal injury. Employment lawyers assist the employee in preparing complaints, speak with the legal representative of the defendant and represent their client.
- Union Issues:
Employment lawyers advise the employees about their rights such as forming a union. And on the other hand, inform the employers about their rights and duties towards union workers.