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Employment Law

What Does An Employment Law Lawyer Do?

Learn how employment law attorneys play a crucial role in representing employees facing workplace issues, such as discrimination, harassment, or wrongful termination.

Various state and federal laws exist to protect employees from discrimination, hostile work environments, and related forms of mistreatment. When employers disregard these laws, employees may seek justice by filing official complaints. 

Do you think you have reason to take such action against a current, former, or even potential employer? Strongly consider hiring an employment attorney first if so. 

What Is An Employment Lawyer? 

What do employment lawyers do? The answer to that question technically depends on who they represent. 

Some lawyers for work-related issues represent employers when employees and job candidates file claims or lawsuits against them. Other employment attorneys represent the plaintiffs filing said complaints. This type of lawyer for job-related issues is the focus of this overview. 

What Does An Employment Law Attorney Do?  

The specific duties of all types of lawyers can, and do, vary on a case-by-case basis. That said, an attorney for work-related issues may offer the following general services: 

Employee Representation 

Employee representation is a common service in which a lawyer for job issues represents an individual employee. They may do so if an employee is filing a claim or lawsuit, or if an employee needs assistance with such tasks as negotiating a fair severance package. 

Workplace Malpractice 

Employment law attorneys can prove particularly valuable to both individuals and society at large when they handle cases involving such forms of workplace malpractice as sexual harassment, discrimination, etc. 

Group Representation 

There are instances in which groups of employees may require the services of attorneys. For instance, if you and your fellow coworkers believe you’ve been the victims of workplace discrimination, you could all meet with a lawyer as a group accordingly. Or a labor union may coordinate with an attorney. 

Whistleblower Protections 

Although whistleblower laws can vary from one state to another, they generally prohibit employers from retaliating against employees who report unsafe work practices, participate in law enforcement investigations into their employers, or otherwise draw attention to negative and harmful practices their employers may engage in. Lawyers can help when employers retaliate anyway. 

How Are Employment Lawyers Paid?  

Some employment law attorneys charge flat rates or hourly fees for their services. Others enter into contingency fee agreements with their clients.

With a contingency fee agreement, an attorney’s fee is a percentage of the money they recover for a client, meaning they don’t get paid if their client doesn’t get paid. Such an arrangement incentivizes a lawyer to provide quality representation.

Discuss this topic whenever you meet with an employment law attorney, you’re thinking about hiring. Although it’s important to hire a qualified attorney, you want to be confident you can afford the lawyer you decide to work with. 

Employees Usually Need Employment Law Attorneys 

When an employee believes an employer has broken the law and thus takes legal action accordingly, they may be at a significant disadvantage if they attempt to address the matter on their own. Employers have such advantages as: 

  • Greater access to resources and funds
  • Greater familiarity with lawyers and applicable laws
  • Insurance policies

Such facts aren’t meant to discourage you from pursuing justice when you think you have a valid case against an employer. Rather, they should encourage you to level the playing field by enlisting the help of employment attorneys when you file a claim or lawsuit. 

When Is The Best Time To Get Advice From An Employment Law Attorney? 

Don’t delay if you suspect an employer may have violated labor laws and you wish to meet with employment lawyers for more information. Because employment law can be complex, it’s wise to discuss your suspicions with a professional before taking any other steps.

You don’t have to hire employment law attorneys simply because you consulted with them. While it is wise to hire a lawyer once you do choose to formally file a complaint or claim against an employer, before you take any such action, simply speaking with an attorney can help you better determine whether doing so is even warranted. 

The Invaluable Role of an Employment Law Attorney 

An employment lawyer possesses two key strengths that make such an attorney a highly valuable asset when an employer breaks the law. They are as follows:

  • General understanding of legal processes: Unfortunately, studies and surveys indicate that pop culture depictions of legal processes have resulted in many people overestimating their understanding of said processes. Thus, they may not realize they’re making errors that can sabotage their own cases when they represent themselves instead of hiring lawyers. That’s not something you need to worry about if you seek representation from an attorney. 
  • Employment law knowledge: Naturally, an employment law attorney will specialize in possessing a unique degree of familiarity with all relevant labor laws, including state laws.

Be aware that an employment law lawyer may also indirectly help your coworkers when they help you. If they win your case, a lawyer could assist you in holding an employer accountable for their misbehavior. Said employer may thus be less likely to repeat their misdeeds going forward. 

How Can An Employment Lawyer Help Me? 

Building a case against an employer is often a complex task involving many potential steps. They include (but aren’t necessarily limited to) the following: 

  • Reviewing applicable laws to determine if you have a valid case
  • Formally alerting HR and/or your employer of your concerns 
  • Interviewing witnesses
  • Gathering evidence
  • Completing paperwork
  • Negotiating for a settlement
  • Coordinating with government agencies
  • Determining the potential value of your claim

Any error can negatively affect your case’s outcome. Avoid this by seeking representation from a professional who specializes in handling cases like yours. 

Protect Your Rights With An Employment Attorney’s Help 

The best step to take if you believe an employer has violated a labor law is to meet with an employment attorney sooner rather than later to find out if you have grounds to pursue legal action. Remember, doing so can benefit both you and anyone else who ever works for the company. Get started today by taking the Free Case Evaluation to speak with a lawyer in your area who can help.