Employment law covers a broad area concerned mainly with the relationship between the employer and the employee. It utilizes both state and federal law and includes several subjects (discrimination, economic support, labor and management, minimum wage, compensation and benefits, etc.) to protect the rights of workers.
Any good employment lawyer must first and foremost be a skilled negotiator, aware of how to exhaust all possible alternative legal choices first, but also prepared to satta take the case to a trial if necessary. With their legal expertise, an employment lawyer can help you with:
Table of Contents
Employment Rights
Many workers, especially in cases of blue-collar jobs, are not aware of their inherent rights to fair compensation, employee treatment, and a safe working environment. An employment lawyer should be able to explain these rights and help you articulate them, should the opportunity call for it.
An employment lawyer should also explain the available legal options for different situations, such as filing complaints, litigation, mediation, and negotiation. As for firms and companies, employment lawyers can help create contracts and make sure their policies remain compliant with federal and state anti-discrimination laws regarding race, age, nationality, religion, and sex. You need a team of employment lawyers protecting your rights, as stated by the law.
Filing a Complaint
Should you, as an employee, feel unsafe with the current working environment and have possibly experienced a violation of the anti-discrimination policies, employment lawyers can help you pursue filing a complaint against the instigator with the appropriate agency.
Filing a wage and hour lawsuit against your employer
If employees are not being justly compensated for their labor during work hours or for overtime, they can consult with an employment lawyer for litigation regarding wage and hour claims.
Filing a lawsuit against your employer for other reasons
In other cases such as wrongful termination, denied benefits, discrimination, harrassment and violence, an employment discrimination lawsuit may be placed. Each situation is protected by different laws with varying processes, all of which employment lawyers should be well-versed in.
Union Advice
As per their right to unionize, employers may seek advice from employment lawyers for the protection of their union activity.
Workplace Harassment
When you feel unsafe because of a particular colleague’s actions, you can report to Human Resources. When it’s the boss that makes you feel unsafe and the Human Resources doesn’t seem to want to do anything about it, it’s time to reach out to an employment lawyer.
Workplace harassment can come in many forms. Racial abuse and sexual harassment can manifest in a variety of ways, the most common of which are microaggressions. Microaggressions occur within normalized day-to-day behaviour, language and thought that they may seem like minor issues. When it significantly affects how safe you feel at work and when your grievances fall on deaf ears to the appropriate authorities within the company, it’s time to consult outside help. An employment lawyer will be obligated to review the case, address the Human Resources department, remind the company of anti-discrimination policies and protect you from inappropriate conduct in the future.
Wrongful Termination
Under the modern day labor code, businesses and companies are legally mandated to provide a justified reason for firing their employees. These should not be because of emotional and subjective sentiments, and instead reliant on objective cases such as the following:
- Company downsizing
- The employee’s work performance
- Misconduct within the workplace
- Breach of contract
Once you’ve worked with a company for a certain number of years (this may depend on your country’s labor code), you are entitled to a fair procedure before an employer can dismiss you. This includes a written explanation of your dismissal. However, even if you’ve worked less than the number of years that warrant this procedure, you can still be unjustly dismissed.
If you feel that this is so, you can raise your concerns with an employment lawyer. Again, depending on the labor code, there are a certain number of grounds for which a dismissed employee can claim unfair dismissal.
Employer Breach of Contract
A contract is what defines and protects your relationship with your employer. Before signing any documents agreeing to the terms of your employment, you should have properly read and understood everything that it entails. The contact describes agreements about the job description, salary, work hours, and so on. Minor changes may be possible if the contract allows it, but overall, any variations about the terms is not allowed.
If you’re concerned that your employer might have violated one of the terms or changed them for their benefit and without your explicit consent, you can discuss with an employment lawyer about your possible options.
Providing a safe workplace environment where its employees are fairly compensated and can function under humane working conditions should be a company’s first and foremost priority, well above how much money it can make potentially.
