What Can an Employment Lawyer Do For You?
An employment lawyer will help your workplace conflict resolution case in three ways: clarity and knowledge, effective communication, and relevant advice. Employment-related problems like sexual harassment, workplace discrimination, wage and salary issues, family and medical leave, and disability discrimination often lead to conflicts between employees and employers. Therefore, the need for a specialist in this area arises.
Every state has its employment laws
that protect both employees and employers. Often, the federal government is called in to mediate these conflicts because of the vast number of different laws applicable in this area. In most states, the Department of Labor is the lead department for ensuring that state laws are enforced. The Department of Labor also enforces the national minimum wage, establishes workers’ compensation, and establishes child labor laws.
Every state has different laws protecting employees
from discrimination in the workplace. Federal employment lawyers handle cases involving alleged discrimination by employers based on age, race, gender, religion, national origin, or any other basis that would normally discriminate. Federal employment lawyers likewise deal with cases involving sexual harassment. In either case, federal employment lawyers protect both the employees and employers from unlawful actions.
Another role of an employment lawyer
is to prevent, or remedy, discrimination, and harassment in the workplace. For example, in a case involving racial discrimination, the lawyer would first attempt to resolve whether or not the discrimination is unlawful. If so, the case will proceed to determine if there has been, or is currently unlawful discrimination. Federal employment lawyers also protect employees from being unfairly dismissed from their job for reasons that may be considered legally discriminatory. Sometimes, a worker may be unfairly dismissed for reasons that have nothing to do with his or her performance at work.
Some states allow their residents to proceed
in federal court, if they feel they have been unfairly dismissed from their job for just cause. These are known as anti-retrofit clauses. In addition to seeking unlawful discrimination or other damages, anti-retrofit clauses also allow employees who are adversely affected by a company’s decision to remove them from their position to bring suit against the employer. An employment lawyer’s services may be required when an employee is suffering from an injury at work or is suffering from wrongful termination or other similar harassment-related consequences. This is often the case after an employee has complained about such actions in connection with his or her job.
Employers and their attorneys
may be closely involved in some proceedings. To protect their rights, employers need to consult with an experienced employment lawyer who is familiar with the local laws. These lawyers can advise employers on how to respond to allegations of discrimination or other forms of employment injustice. For example, where an employee may have been discriminated against, they can investigate the complaint and determine whether there is any basis for doing so. If they find discrimination or another wrongdoing, they can advise their client on how best to fight it in court.