Get prepared for your initial consultation with an employment law attorney.
Created by FindLaw's team of legal writers and editors | Last reviewed November 04, 2024
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Although many employment law agencies, such as the EEOC, have procedures designed for people without lawyers, sometimes an attorney is absolutely necessary for quickly resolving a dispute. But, hiring a lawyer can be a confusing process, especially if you have never done it before.
This section provides information on hiring an employment attorney. You'll also find helpful links to employment law resources on employee rights, state labor agencies, employment law terminology, and more.
Employment law includes how and when an employee can work, what they should be paid, and the minimum conditions that are safe and appropriate to work in. It also determines when someone can be hired or fired and outlines the rights of employees and employers.
Employment law issues can arise in a wide range of situations. One of the most common circumstances occurs when an employee is fired for an illegal reason. Under federal law, employees may not be terminated on the basis of their:
Employers who do so may be subject to civil liability for wrongful termination. The ban on discrimination applies not only to firings, but to other aspects of employment, including hiring and promotion decisions.
Federal and state laws also protect employees from unfair labor practices. Employers must comply with wage and hour laws, like the Fair Labor Standards Act, that dictate how long an employee can work and how much he or she must be paid. Employees' rights extend to family life as well. For example, the Family and Medical Leave Act ensures that employees are granted time off to welcome a new baby, or deal with illness.
Other employment law issues involve workplace conditions. For example, the Occupational Safety and Health Administration (OSHA) requires employers to provide a safe workplace by adhering to national safety standards. Failing to do so can lead to fines and civil liability.
In addition, employees generally have certain privacy rights while at work. For example, employers typically can't monitor personal telephone conversations or search an employee's car. Whether you are entering the job market for the first time or were recently terminated, it is important to understand your rights as a worker.
Disagreements regarding employment terms are common. Most disputes are over:
There are two main types of employment law attorneys, those who represent employers and those who represent employees (typically the plaintiffs in such cases). Some attorneys work with both employers and employees, but most specialize in one or the other.
Larger employers typically have in-house employment lawyers who draft contractual language, review human resources policies, and generally work to limit an employer's legal exposure. Most of them never step foot in a courtroom, but mostly work to ensure compliance with local, state, and federal employment laws. Small businesses often have an employment lawyer on retainer, or seek one when needed.
When an employee needs legal representation, attorneys often work without pay until their client collects, whether it's a settlement or court-ordered damages. However, many employees are compelled to sign a pre-employment arbitration agreement requiring them to settle any disputes through the arbitration process.
An employment dispute can occur at any stage of the employment process, from hiring to termination. But while it is illegal to discriminate against protected individuals (women, racial minorities, the disabled) during the hiring process, it is extremely difficult to prove. For instance, even if you are confident you were excluded from consideration after your first interview solely because of your race, attorneys may not take your case without substantial proof.
But there are a number of scenarios where it makes sense to consult with an attorney in order to protect your rights. If you were discriminated against as an employee, an attorney can compare your treatment to the treatment of similarly situated employees for signs of bias. If you were denied overtime pay, a review of company records and some additional investigating may turn up evidence in your favor. Even without hard evidence, employers may choose to settle in order to avoid the cost and negative publicity of a trial.
Make sure you understand not only federal employment laws but also the laws of your state. Many states extend extra protections to employees not afforded through federal law.
Besides choosing an employee-side employment lawyer, you may want to choose someone with special training or experience in the issue you are handling. For instance, some attorneys specialize in employment discrimination or sexual harassment, while others are more focused on wage and hour claims. Before you sign anything, though, make sure the attorney clearly explains their billing arrangement.
