Skip to main content
Employment Law

Everything You Need to Know About Lawyers in the Employment Law Space

Learn about how an employment law attorney can help you with your workplace discrimination, sexual harassment, wrongful termination, or wage theft case.

Employment lawyers fulfill a vital role. Employment laws protect workers from discrimination, harassment, being fired unlawfully, and not being paid fairly. However, unless workers have employment lawyers to help them fight back against workplace rights violations, workers could be left struggling with legal issues. 

All workers have an inherent right to feel safe at work and to work in a place where their human rights are respected. Thus, it’s important for workers to know and understand their rights at work. Employment lawyers help workers seek justice and compensation if their workplace rights are violated. 

Employment Lawyer Case Types 

Employment lawyers handle many different types of cases for workers. The most common types of cases that employment lawyers take on are: 

1.    Discrimination 

Discrimination at work happens more frequently than people think. There are many different types of discrimination but all of them are illegal. There are both Federal and state laws that protect workers from discrimination by an employer or co-workers. Title VII of the Civil Rights Act is just one of several Federal laws that forbid employers to discriminate against employees. Some of the types of discrimination that workers experience are: 

  • Racial Discrimination
  • Religious Discrimination 
  • National Origin Discrimination
  • Gender Discrimination
  • Gender Identity Discrimination
  • Sexual Orientation Discrimination
  • Transgender Discrimination
  • Pregnancy Discrimination
  • Maternal Discrimination
  • Age Discrimination
  • ADA Discrimination (i.e., disability discrimination)
  • FMLA Discrimination 
  • Sexual Harassment Discrimination 
  • Retaliation Discrimination 

If you’re experiencing any type of discrimination by an employer or co-workers, you need to know that discrimination is illegal. 

2.    Wrongful Termination 

Wrongful termination is when an employer fires someone for a discriminatory reason. Many people mistakenly think that in an at-will employment state employers can fire workers for any reason, or no reason. But employers can’t fire someone for a reason that violates their rights. Employers can’t fire someone because of their race, gender, identity, religion, pregnancy status, disability, or out of retaliation. If an employer fires someone because that person filed a complaint against the employer that’s considered retaliation and it’s illegal. 

3.    Sexual Harassment 

Sexual harassment is considered to be a type of discrimination. Employers may not engage in sexual harassment or allow employees to engage in sexual harassment of co-workers. Most companies have written policies about sexual harassment in their standard handbook or onboarding paperwork. If your employer or co-workers violate any part of that policy, you have the right to file a complaint against your employer. Sexual harassment includes things like:

  • Making conditions of advancement or employment dependent on sexual favors, either implicitly or explicitly.
  • Physical acts of sexual assault.
  • Requests for sexual favors.
  • Verbal harassment of a sexual nature, including jokes referring to sexual orientation or sexual acts.
  • Unwanted physical contact or touching.
  • Unwelcome sexual advances.
  • Discussing sexual relations/fantasies/stories at work, school, or in other inappropriate places. 
  • Feeling pressured to engage with someone sexually. 
  • Exposing oneself or performing sexual acts on oneself.
  • Unwanted sexually explicit photos, text messages, or emails. 

If you are a victim of sexual discrimination, please know that it’s not your fault, and you can fight back. You have a right to feel safe at work. 

4.    Wage Theft 

Wage theft happens when an employer doesn’t pay their employees at least minimum wage. Unless an employer meets a very specific set of criteria they must pay at least minimum wage to their employees. There is a Federal minimum wage, but some states have a separate minimum wage. If you are working in a state where the state minimum wage is different from the Federal minimum wage your employer must pay you whichever wage is higher. Wage theft also includes actions like:

  • Not paying overtime rates for all time worked over 40 hours in a week.
  • Deducting meals, lodgings, or other expenses from a paycheck.
  • Taking an employee’s tips.
  • Requiring employees to come in early or stay late to work without paying them for that time.
  • Requiring employees to work through unpaid meal breaks or other breaks. 

By law, you must be paid for all time that you work. 

What Does An Employment Lawyer Do? 

An employment lawyer helps people understand what their workplace rights are. And they also help people whose rights are being violated by an employer. If you’re struggling with legal issues like harassment, discrimination, or other workplace rights violations you should talk to an experienced workplace rights attorney. An employment lawyer will help you understand the laws that protect you and help you figure out what your next steps should be. 

Navigating the legal system of filing a complaint against an employer can be confusing and scary. With guidance from an employment lawyer, you will be able to get the answers you need and decide what action you should take to protect your rights. 

An employment lawyer can also help you build a case against your employer by helping you assemble evidence that can prove your workplace rights have been violated. 

How Can An Employment Lawyer Help Me? 

If you’re overwhelmed by the idea of filing a complaint against your employer but you want to stand up for your rights talking with an employment lawyer is the best thing to do. An attorney who has experience working on employment law cases has the expertise to answer your questions and advise you on how to move forward. It can be difficult to stand up to an employer that is violating your rights, but with the right lawyer working with you, it’s possible to protect yourself and make sure that you are getting everything you’re entitled to. 

How Are Employment Lawyers Paid?  

You will never have to pay anything upfront to talk with an employment lawyer about your situation. Employment lawyers work on a contingency fee basis. That means that your employment lawyer won’t get paid until your case is settled. They will get a percentage of any lump sum amount that you receive. So, you don’t have to worry about coming up with money to pay an employment lawyer to get help with your case. 

Conclusion 

If you are having a hard time at work because your employer is discriminating against you or violating any of your workplace rights, you should speak with an employment attorney right away to find out what your rights are. Employment attorneys are an invaluable resource for people struggling with legal issues and discrimination at work. You can get personalized advice for your unique case today by filling out a Free Case Evaluation Form on this page right now. 

Additional Resources  

Sources 

Parent node
Employment Law