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Whenever you find a new job or look for new employees, you want to ensure that all matters concerning the workplace, including salaries, benefits, legal rights, are properly addressed. An employment lawyer is a person who can ensure everything goes smoothly and prevent possible misunderstandings between an employer and employee.
What is an Employment Lawyer?
An employment lawyer is an attorney specializing in issues related to the employer-employee relationship and other labor law matters. Many federal and state laws govern the rights of employees and the obligations of employers and vice versa. These typically include laws pertaining to employee working conditions, benefits, pay, sexual harassment laws, and anti-discrimination laws. Employment law also governs how employees are legally classified for tax purposes and how employers are permitted to hire and fire workers and on what grounds.
What Does an Employment Attorney Do?
The employment lawyers near you handle matters related to federal and state labor law. If you have an issue involving a prospective employer’s hiring practices, or you are being harassed, or you believe you are being overlooked for a pay raise or a promotion based on your race, religion, sex, age, national origin, or disability, you should contact an employment lawyer near you immediately.
For example: Let's say you are the victim of discrimination in the workplace. You worked for the same company and the same boss for 7 years. Then they found out that you were Muslim and suddenly started harassing you, choosing not to promote you when you were qualified, withholding pay, or trying to fire you or make you quit. If your boss or coworkers actually expressed a negative attitude about Muslims or that they didn't like that you were a Muslim, or you were refused a promotion because you were Muslim, you would have solid grounds for a discrimination lawsuit.
In the example above, employment attorneys near you would start legal proceedings alleging discrimination against your employer. They would gather any evidence you already have and any additional evidence to substantiate your claim. They would communicate with the employer and their counsel demanding just compensation and an end to the continued illegal discrimination. They would facilitate meetings, consider possible mediation or arbitration prior to a trial, and aggressively prosecute a civil suit in court if no pretrial resolution was reached.
When to Hire an Employment Lawyer?
There are many situations where you might need to find the right lawyer for your employment law case. You can try to resolve an issue yourself by giving your employer an opportunity to correct the wrongdoing. If your efforts to obtain cooperation from your employer fail, you should contact an employment or labor lawyer near you without delay.
You can hire an employment lawyer for situations like:
- Sexual harassment
- Discrimination over gender, religion, disability, race, sexual orientation, etc.
- Failure to pay earned overtime
- Noncompliance with federal or state safety and health requirements
- Violation of an employment contract
- Third-party actions against contractors
How Do I Choose an Employment Attorney?
If you are looking to choose the best Employment lawyer near you, consider local attorneys who are easy to contact. You want someone who will always be available to communicate with, especially as you continue throughout the course of your legal proceedings. A good attorney will make sure you know what is happening at every step and what to expect as the case progresses.
If an attorney tells you they can promise or guarantee a specific outcome, they may not be the right choice. Experienced, honorable attorneys would never make promises they can't keep. Instead, they will explain to you the legal basis supporting your claims and outline what steps their team will take against your employer on your behalf.
Important considerations for choosing an employment attorney include:
- where they are located
- how much experience do they have, especially with cases like yours?
- What is the fee arrangement? How will they be paid?
How to Find a Lawyer for Employment Law Issues?
If you are ready to find a lawyer for employment near you, some of the best places to look include referrals from people you know, state bar associations, and employment lawyers’ professional groups.
- If you know anyone who has dealt with employment issues, ask them which lawyers they used and how happy they were with the results.
- When you are meeting with different lawyers, you can even ask for referrals to see what previous customers have to say.
- Contact your State Bar Association. Many State Bar associations have a feature on their website where you can find a lawyer near you.
- Alternatively, you can use state-run employment lawyer associations or the National Employment Lawyers Association to find qualified lawyers.
How Much Does an Employment Lawyer Cost?
Employment attorneys near you typically charge a contingency fee. This means they charge you a percentage of any settlement or judgment you get if you win your case. You might pay a small initial consulting fee at some firms if they decline to take your case, but most lawyers will not charge a fee unless they get you a financial settlement. If you lose your case, and you don't get a settlement, then you don't owe anything.
- If they charge on a contingency fee basis, you might pay between 20% and 40% of your final settlement to your lawyer, plus any out-of-pocket expenses the lawyer incurred for deposition or expert witness testimony.
- If they charge on an hourly basis, you can expect to pay between $100 per hour and $400 per hour, depending on your location and the experience of the lawyer. More experienced lawyers will charge more per hour.
Every law firm is different, though, so it's important that you talk with each employment lawyer you are considering and ask about the specific fee agreement before you decide to proceed.
Do Employment Attorneys Usually Charge for Consultations?
Employment law lawyers near you rarely charge for consultations. An initial consultation is when you meet with the lawyer to explore whether or not your legal rights have been violated in the workplace. An attorney will go over the applicable labor law as it applies to your issues. If it appears that you do have a viable cause of action, then you need to decide if you want to retain that lawyer or continue to interview others.
Frequently Asked Questions
I think I’m being discriminated against. What can I do?
Even if you haven't contacted a lawyer yet, but you feel that you are being discriminated against or you are not being paid correctly, or you are being harassed, keep accurate records and document anything that happened, including the dates and times of events, any witnesses, electronic and communications of any kind. Any and all information you can gather from the moment you feel you are being discriminated against can be helpful for your employment attorney to decide whether or not you have a case.
What are labor lawyers?
Labor lawyers are the same as employment lawyers. These are lawyers specializing in issues where employees or employers have significant disputes regarding their work environment and employment relationships.
Do I need a lawyer to represent me in a lawsuit?
Legally you do not need a lawyer to file and press a lawsuit against your employer. However, getting professional legal advice from experienced lawyers is much more likely to result in you winning your case. Practicing employment lawyers understand what it takes to represent employees in court, what constitutes illegal acts or discrimination on the job, and what evidence you need to win your complaint.