Whenever disagreements arise in the workplace, it is worthwhile contacting a South Dakota employment lawyer. These legal professionals will help inform you of your rights within the workplace and offer advice on your next best steps. If you’re looking for a lawyer for employment in South Dakota, you’re in the right place. Keep reading to learn more about what they do, how to find one, and what costs you can expect to incur.
What Is an Employment Lawyer?
A lawyer for employment in South Dakota is a legal professional specializing in employment and/or labor law in your local area or city. They also have a comprehensive understanding of federal law on employment that governs the entire United States. They provide a variety of legal services both to employers and employees. Examples of some areas include litigation, mediation, and negotiation between their clients and third parties.
What Does an Employment Attorney Do?
The role of a South Dakota employment lawyer can vary hugely, depending on whether they’re working for the employee or employer:
Representing the Employer: When representing the employer, attorneys will often help with compliance to check they are adhering to anti-discrimination laws and their legal obligation to provide a safe working environment.
Representing the Employee: On the other hand, lawyers representing employees are usually helping them file complaints about their jobs. This could be something such as a personal injury claim, wrongful termination, or other work-related lawsuits.
When to Hire an Employment Lawyer in South Dakota?
Any employee or employer who is dealing with a dispute involving workplace safety, discrimination, wrongful dismissal, or wages should seek legal counsel. If you appoint the right lawyer, a(n) South Dakota employment attorney will help resolve these disputes before they go to court. Lawyers will also help to explain your legal rights and inform you whether it is worth pursuing further action. Appointing an attorney sooner rather than later means you have the right legal advice from the outset.
How to Find an Employment Lawyer
There are several ways to find a lawyer for employment in South Dakota. Your first step should always be to contact the state bar association for a referral. Many states offer a search feature on their websites where you can browse all the employment lawyers near you. Others will offer public lists of lawyer referral organizations you can reach out to.
Another option is to speak to friends and family members who have hired legal professionals for employment matters before. Alternatively, if you have a lawyer you regularly use that specializes in another practice area, you can ask them for a referral. Attorneys know other attorneys, so they can point you in the right direction for labor lawyers.
How Do I Choose an Employment Attorney in South Dakota?
Always speak to several South Dakota employment lawyers before signing any contracts. This will help you find the best employment lawyer in South Dakota. The better your attorney, the better informed you will be on your legal rights and the more favorable the case’s outcome. When speaking to different law firms, always consider:
Experience: The more experienced the law firm is, the better equipped it will be to form a favorable outcome for its clients. Look for labor lawyers with specific experience related to your workplace issue. For example, if you are disputing overtime pay, you’ll want to appoint a lawyer with experience in wage law.
Success Rates: Experience is pointless if the South Dakota employment attorney has no proven success. Look at how they review and deal with previous cases. Was the dispute resolved quickly and easily? Did they achieve fair compensation for their client?
Communication: All lawyers work slightly differently, and you want to appoint a law firm that is right for you. What contact methods does the attorney use? What are their policies on returning emails and telephone calls? Find a South Dakota employment lawyer who is reliable and meets your expectations.
How Much Does the Average Employment Lawyer in South Dakota Cost?
The cost of a lawyer for employment in South Dakota varies substantially. Most will charge an hourly fee, which can range from $100 to $1,000 per hour, depending on experience. However, labor lawyers working for employees often work on a contingency fee basis. This means that the law firm won’t charge a specific amount. Instead, it will receive a percentage of the compensation paid at the end of the lawsuit. This generally ranges from 5 percent to 50 percent.
Do Employment Attorneys Usually Charge for Consultations?
South Dakota employment lawyers working on a contingency fee basis typically won’t charge for consultations. However, you might still be liable for some costs upfront. This includes court filing fees, expert witness fees, and discovery costs. On the other hand, law firms working on an hourly fee will usually charge for consultations. You can expect this to be the same as their hourly rate.
Frequently Asked Questions
What are your rights as an employee under employment law in the U.S.?
Employees have several rights within the workplace, including the right to not be discriminated against or harassed; receive equal pay for equal work; receive reasonable accommodations for medical conditions or religious beliefs; a safe workplace free from hazards.
Are labor law and employment law the same thing?
Employment law governs the relationship between employers and their employees, while labor law looks at the relationship between employers and labor unions. Both relate to fair workplace practices and the legal rights of employees and employers.
What is a dispute between an employer and a worker called?
A disagreement between employers and their employees is a labor dispute, which covers discrimination, breach of employment agreements, overtime pay, personal injury at work, or wrongful termination.