In the event of an employer-employee dispute, an employment attorney can assist both employers and employees in cooperating together to reach a positive conclusion. If your employer-employee relationship goes south due to workplace safety, discrimination, a dispute over wages, or wrongful termination, having an employment lawyer who can help both sides understand their rights and duties is beneficial.
Do employers need an employment attorney?
If you are an employer, an experienced employment attorney can assist with a wide range of employment-related matters. Many employment lawyers can also educate employers on the federal and state laws that apply in their specific workplace. Furthermore, employment lawyers can represent employers in front of a variety of governmental boards and agencies if they are referred for noncompliance.
If an employer encounters any of the following situations, he or she should consult with an employment lawyer:
- They require representation in collective agreements with a trade union.
- An employee has lodged a discrimination or sexual harassment allegation against them;
- When an employee files a lawsuit in which they are named as a defendant in a job-related matter; or
- The employer intends to lay off or fire a large number of employees, discontinue an employee benefit, or alter the existing pension plan that it provides.
Do freelancers need an employment attorney?
Most definitely they do. Freelancers are self-employed people, so they are their own companies. In most states freelancers are only protected by the agreements they negotiate with companies or individuals. So if you are a freelancer, you should do your research well before hiring an employment attorney. Then ensure that your contract does not have any hidden clause, that can cause detriment to your career.
Do employees need an employment attorney?
It’s good to believe that your employer might not take any unlawful action towards you, but at the same time, it’s not very wise of you to assume that he won’t. To give yourself a safety net when things go south, you should contact an employment attorney.
Employers could engage in illegal actions that violate employee rights. If you are in any of the following situations, you should contact an employment attorney:
- You were harassed at work
- You were treated unfairly because of a condition, such as pregnancy
- Your employer has retaliated against the person because you exercised your legal right, like requesting overtime pay;
- Your employment was terminated in violation of an express or implied employment contract;
- You were coerced into signing an agreement in which your legal rights were waived.
- Your employer has failed to provide you with the benefits to which they are entitled under their employment contract.
If an employee is working in a non-unionized organization and wishes to join unions, the employee should consult with an employment lawyer. An employment lawyer can assist by educating employees of their right to form a union and the actions that can be undertaken in correlation with that effort. Employees can be informed of their rights, like the right to be free of discriminatory practices based on protected union activity.
How Much Does an Employment Lawyer Charge?
The cost of a local employment attorney can vary significantly depending on a number of factors including the lawyer’s skills, the area of law at issue in the circumstance, and the specific details of a person’s individual case. In a broad sense, attorneys bill their clients using one of three fee structures: hourly rates, flat fees, or contingent fees, which are as follows:
- Hourly rate: Many lawyers charge by the hour rate for employment cases. The average attorney hourly rate in California begins at $350 for relatively small and less experienced firms and $450 for significantly bigger and more experienced firms.
- Contingency fee: In a contingency basis plan, lawyers charge their clients a proportion of any action for damages that the attorney obtains on their behalf if their case is successful. In general, attorneys will be paid a predetermined percentage based on the stage at which they win the award, whether before or after a trial.
- Flat Fee: With less complicated legal issues such as simple wills, unchallenged divorces, powers of attorney, or even minor criminal prosecutions, attorneys may charge a flat fee.
Depending on the nature of the case, your lawyer can assist you in ensuring that you are fully compliant with all regulatory requirements. They can also represent you in a lawsuit against your current or previous employer if need be.