An employment attorney is helpful to employees and employers trying to resolve a conflict over wages, work rules, workplace safety, or other issues. If your employer-worker relationship becomes tense due to a disagreement over wages, work rules, workplace safety, or other issues, it is helpful to have an employment attorney who can discuss both sides of the issue and determine which party has a more legitimate claim to a particular issue. The role of an employment attorney is not only to assist the employee in settling a conflict over wages but also to protect the legal rights of both parties. It is important that you do not act in a manner which might adversely affect your employment status or the chances of being re-employed in the future. In addition, retaining the services of an employment attorney ensures that your interests are properly represented during any disputes with your employer.
If an employee suspects that he has been unfairly terminated from his job for reasons unrelated to his performance, he has the right to seek compensatory damages as well as an attorney who will defend him against his employer. Commonly, an employee is made redundant or is downsized when his company suffers a layoff, expansion, merger or purchase of some of its major assets. If an employee is made redundant, he should be provided with notice in writing specifying his remaining employment level (including the reason for the redundancy) and informing him of his right to a hearing within a specified time within a certain amount of days if he wishes to challenge the decision. Similarly, if an employee is dismissed for reasons unrelated to his performance, an employment law attorney may advise him to take action before a matter reaches the point of dismissal. For example, if he discovers that he has been unfairly made redundant, an attorney can petition for wage garnishment, back pay, reinstatement, or other possible employment benefits.
It is important for employers to hire attorneys who specialize in employment law. An attorney must have significant experience dealing with similar cases in the past, not just employment law but also medical, criminal and other types of law. An attorney who handles cases such as these will know the intricacies of the employment situation and know how best to negotiate settlements. The attorney should also have the skills necessary to draft appropriate compensation agreements. Finally, the attorney should be able to answer any questions that employees, and especially management, may have.
A legal representative will represent not only the employee but also the employer. These lawyers are called Employment Relations Specialists (ERSS). The most common areas in which ERSSs deal with include unfair labor practices and harassment claims. These lawyers also defend employees from employers who try to impose sexual harassment rules that are unlawful. In addition to defending employees from unlawful sexual harassment, ERSSs also represent clients who are victims of discrimination on the basis of disability, race, age, religion, gender, or sexual orientation. In addition, lawyers who work with labor law issues may also defend employees who are retaliated against for challenging bad working conditions or being injured while at work.
A harassment claim against an employer can include anything from a racial slur to intimidating phone calls or physical assaults. An employment attorney can advise his or her client on how to file this claim successfully. Similarly, an employment attorney may also advise his or her client on how to build a case against an employer who is guilty of creating a work environment hostile to employees. For example, if an employee feels that he has been harassed by his supervisor for something that is not related to his job, the attorney may advise the employee to take the complaint to the Equal Employment Opportunity Commission (EEOC) or other federal agencies that are able to resolve such cases.
An attorney handling employment cases will often consult with former employees as well as other experts in the field. These people will give the lawyer enough information to formulate a successful case. In addition, former employees will often give good advice on how to handle different companies and how to survive in them. The advice of former employees can be very valuable because they have usually worked in a company for many years and know how the business is run.