If there is a problem with wages, workplace safety, discrimination, or wrongful termination, an employment attorney can assist employers and employees in coming to a settlement. The question is, when should employers get in touch?
If conflicts arise between employers and employees, an employment attorney can help both sides reach a solution. A good employment lawyer can explain both sides’ rights and duties in cases involving wage disputes, workplace safety, discrimination, or wrongful termination that strain employer-employee relations.
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Who are Employment Lawyers?
Lawyers who specialize in employment law fall into two categories. There are two types of employment lawyers: those who concentrate on plaintiffs or employees (often called employment discrimination lawyers, employment rights lawyers or federal employment lawyers) and those who concentrate on defendants or employers.
Employment lawyers tend to specialize in one side or another of the issue, but there are some who will work with either side of the issue.
What Are the Roles of Employment Lawyers?
Mark Levitt of Allen, Norton and Blue explains how employment lawyers handle employment-related issues. There are a variety of employment-related issues, whether it is discrimination, wage and hour problems, safety concerns under the Occupational Safety and Health Act.
Employees can consult a plaintiff’s employment lawyer to determine if their rights have been violated and if further legal action is warranted, Levitt explains. Lawyers will make sure employees have exhausted all internal remedies, such as following employee handbooks regarding harassment or other discrimination complaints. The lawyer can help the employee determine whether a possible right was violated and guide him or her toward next steps, if there is a problem with on-time pay, overtime, or proper pay classification (non-exempt or exempt status).
A lot of labor laws are easy for employers to violate unknowingly (or willfully), and because different laws have different employee counts and tenure thresholds, a lawyer’s help is helpful.
Do Employees Have a Duty to Protect Themselves?
Employees complaining of discrimination or being underpaid should keep detailed records of incidents, including dates and times of occurrence. Make note of all witnesses. The agency or lawyer will be able to use all of this information if the employee decides to pursue legal action.
Employers, what can you do?
A company’s employment handbook should be developed even by a very small business, Levitt warns. The handbook should have policies and rules for equal employment opportunities. Employees should be able to find out how they can file a complaint or grievance in the company handbook. Ultimately, every employer has the responsibility of investigating and determining if illegal conduct occurred.
Freelancers: What About Them?
The independent contractor is also known as a freelancer. Freelancers, in effect, operate their own businesses. Freelancers do not have the same rights as employees. Independent contractors are generally only protected by the contracts they negotiate with companies, unless they live in California or New York, which offer some protections. Companies are not obligated to rehire or hire freelancers.
Make sure you conduct your own research before hiring an employment attorney. Law firms and lawyers are rated (peer-rated, not purchased) by Martindale Hubbell, a national bar service. It is also a good idea to check with your state’s bar association to make sure they are not involved in any disciplinary proceedings.