15 Jun What Does an Employment Law Attorney Do? Everything You Need to Know
Are you considering an employment law attorney? You may also be wondering if, “there is an employment law attorney near me.”
Before finding an employment attorney in LA, you should know why you need one.
Here’s one reason: many managers don’t train for managerial positions. Managers who aren’t officially trained are more likely to violate labor standards.
This is where a labor and employment attorney comes in. They can convey if an employee faced any type of mistreatment from an employer. Likewise, a lawyer can educate employers about workforce boundaries.
This article will explain the role of an employment attorney in more depth. Let’s explore.
Employee Representation
An employment attorney who has an employee client is solely accountable to that employee. They can ensure staff members work in a safe environment and get fair compensation. Also, they can represent workers in court if an employer mistreated them.
- Example: An employer’s insurance company denied a workers’ comp claim, even though the employee has a right to compensation. Employment lawyers can combat unfair claim denials or pursue legal action in court.
To avoid invoking their insurance policy, many employers may try to dissuade employees from filing a workers’ comp claim. Lawyers are also useful if the compensation amount isn’t enough. If an employee needs a substantial sum, a labor attorney has several options:
- They can negotiate with the insurance company for a higher sum
- They can seek a high amount in civil court
In most cases, labor attorneys will first negotiate with employers or insurance companies for a settlement. If the negotiations fail, many attorneys will advise their clients to proceed with a civil suit.
Workplace Malpractice
Moreover, a lawyer will be a vital asset if a worker encounters a problem within the workplace. Some signs of workplace misconduct include:
- Bullying and/or intimidation
- Sexual harassment
- Inappropriate touching or physical contact
- Employer retaliation
- Racial discrimination
A worker can also face discrimination based on their sexual orientation, national origin, or religion. In response to workplace misbehavior, an attorney can help an employee file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).
If you intend to file an EEOC complaint, a lawyer can help you avoid mistakes that could stall the claims process. In the worst cases, a single mistake can cause your claim to be rejected.
If you can’t get justice through the EEOC, the civil court is another option. A legal professional can help you file a lawsuit against the employer in the event of discrimination, or any other type of hostile work environment.
Group Representation
When it comes to groups, many labor unions seek employment lawyers for advice. A union lawyer can advise on such matters as union formation, operating structure, and union management.
Further, legal counsel can combat any form of anti-union activity from employers, such as union-busting. In other cases, an employer may unlawfully fire a union head.
Officers of the court are also crucial when it comes to contract enforcement. Perhaps an employer failed to honor an hourly wage commitment outlined in the agreement. Regardless, a union lawyer’s job is to maximize the interests of the union.
Lawyers will also represent groups in class action labor lawsuits. A labor class action suit is applicable when multiple employees file a lawsuit against a single employer.
- Example: If an employer hasn’t paid overtime to their workforce, the staff can petition the courts for compensation. Federal and state laws require employers to pay overtime for employees working over 40 hours a week.
Further, a single employer can represent the group, or the employees can retain their own lawyers.
Whistleblower Protections
A company whistleblower will expose company misconduct to a regulatory agency. They can also inform the media.
As a result, they could face employer retaliation and lose their livelihoods. Employment attorneys can invoke several whistleblower protection laws.
If the whistleblower dealt with any repercussions, a lawyer can help them seek compensation in civil court. More importantly, employment attorneys embolden future whistleblowers to expose company wrongdoing.
Employer Representation
On the flip side, these types of attorneys can educate employers about their rights. Plus, employers will know how to handle employee grievances. If an employee sues the business, a labor attorney can help the employer create a strong defense.
Additionally, they can keep employers updated on all labor laws. Some regulations include:
- Adhering to state and federal discrimination laws
- Complying with OSHA standards
- Following current environmental regulations
Employers can also seek legal counsel if they must explain themselves to a regulatory board or body. Additionally, the attorney can speak on the client’s behalf during hearings and handle a majority of the legal work.
Employees Need Labor Attorneys
Employees must have an attorney due to the power imbalance involved. Employers have more money and resources than employees. As a result, they can hire the best lawyers.
Plus, many companies have insurance policies that protect them against liability. Employer-based insurance companies are in the business of saving money wherever possible. This means they’ll pay minimal settlements to victims.
Conversely, an employment lawyer can hold employers and insurance companies accountable. They know all the manipulative tactics that big industries apply against workers.
The Vital Role of an Employment Law Attorney
Whether you’re boss or a worker, an employment law attorney will educate you about labor laws. They will also tell you when to invoke your rights when necessary. They’re vital because they protect victims of hostile work environments and employer misconduct.
Want to know more about toxic work environments? Click here to learn more.
