How Can an Employment Lawyer Protect Your Rights?
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Amber Sheppard, Esq. | Last reviewed July 25, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Facing legal issues in the workplace can feel overwhelming. An employment lawyer is your advocate when facing these situations. They can:
- Clarify complex legal rules
- Offer strategic advice on handling your case
- Represent your case in court
By working with an experienced employment lawyer, you can approach your situation with confidence.
This article will guide you in finding and working with employment law attorneys.
Why You Need an Employment Lawyer
An employment law attorney is essential for both employees and employers. They help them understand their legal rights and provide legal advice when employment issues arise. These issues could include:
- Employment discrimination
- Harassment
- Issues with workers' compensation
- Other legal matters related to employment law, like nondisclosure agreements and breach of contract
If you are facing legal matters related to employment law, employment attorneys ensure you have support and legal representation. They ensure you understand your rights and responsibilities. Without an employment attorney, it can be difficult to manage these situations.
What Types of Employment Disputes Do Employment Lawyers Handle?
Employment lawyers handle various legal conflicts that impact employee rights and the workplace environment.
Employment Discrimination
Employment lawyers handle cases in which employees have experienced workplace discrimination. Workplace discrimination can be based on:
- Age
- Disability
- Sexual orientation
- Race
- Religion
- Other protected classifications
Personal Injury in the Workplace
These are cases where an injury occurs on the job due to:
- Accidents
- Workplace hazards
- Employer's negligence
- Other conditions
Depending on the case, you may be eligible for worker's compensation or disability benefits. An employment lawyer can assist in seeking compensation or damages.
Wrongful Termination
Employers sometimes terminate employees for unjustified reasons. Some states (like Louisiana) are “at-will” states. This means your employer can fire you for any reason, so long as it is not discriminatory.
In some cases, an employer may fire you for exercising your protected rights. These rights include:
- Participating in a labor union
- Refusing to perform a dangerous task
- Taking leave from work due to pregnancy
- Whistleblowing for reporting harassment or unfair practices
If your employer terminates your employment under these circumstances, it is considered wrongful termination.
Sexual Harassment
There are cases where employees experience:
- Unwanted sexual advances
- Verbal or physical harassment
- Requests for sexual favors
- Any harassment of the same nature
The effects of harassment can be emotional as well as physical. In these situations, you should consult with an employment lawyer to file a case.
Unpaid Wages
These cases involve employees who have not received their contractual or minimum wages. Some states have a time limit on when employees must be paid. For example, Louisiana businesses must pay employees within 15 days of their last day. Lawyers can also help them recover unpaid earnings and overtime pay.
Workplace Retaliation
Employment lawyers can also represent employees facing adverse actions from their employers. Retaliatory actions often happen after an employee:
- Reports a violation of equal employment opportunities
- Acts as a whistleblower
- Participates as a witness in investigating a workplace violation
- Files complaints with a government agency
How Employment Attorneys Support Employers
For employers, attorneys assist them in addressing:
- Breach of contracts
- Collections
- Employee misconduct
- Labor disputes
- Severance disputes
- Vendor disputes
- Union issues
Employment law attorneys also assist employers in complying with labor laws and protecting the interests of their companies. Their expertise extends to helping employers handle employment contracts and revising employee handbooks. They also help ensure the policy complies with labor laws and the Occupational Safety and Health Administration (OSHA) regulations.
What To Look for in an Employment Lawyer
The following are the primary qualifications and qualities to consider when hiring an employment lawyer.
- Approach and Strategy
- Communications Skills
- Experience and Specialization
- Fee Structure
- Reputation and Reviews
When looking for an experienced employment lawyer, it is essential to look at these qualifications together when making a decision.
Sample Questions To Ask an Employment Lawyer
When looking for the right lawyer to hire, you must know the right questions to ask. This can help you assess whether their legal services fit your employment case. The following are some questions to ask:
- What experience do you have in handling legal cases like mine?
- What is your approach to handling cases under this area of law?
- Can you tell me the typical process you take in handling cases like mine?
- How do you typically communicate with your clients?
- What are the possible outcomes of my case?
- What is the process for staying updated on the current laws and regulations?
- Who else in your firm might handle my case, and what practice areas do they handle?
- What documents or information do you need from me to make my case successful?
- What is your fee arrangement?
These questions will explain how the employment lawyer will handle your case. It can also help you establish rapport and trust, crucial elements in a successful attorney-client relationship.
Discussing Legal Fees With Your Attorney
The cost to pursue an employment claim varies from state to state and attorney to attorney. Most employment law attorneys charge a small consultation fee during the initial interview.
Depending on the nature of the claim and other factors, an employment lawyer may offer a variety of fee structures. This structure may include:
- An hourly rate
- A contingency basis
- A prepaid retainer
You must clarify the fee arrangement with your employment lawyer upfront. This will help avoid any potential misunderstandings later on.
Seek Legal Advice From an Experienced Employment Attorney
If you are facing employment disputes, seeking legal help from an experienced employment attorney is helpful. They can offer crucial legal advice and help protect your rights. If necessary, they can also provide legal representation for your case.
For legal advice on employment law, contact an employment attorney today. They can help you understand your workers' rights and guide you through the complexities of your legal claim.
There are several ways to find a qualified employment lawyer to handle your case. Referrals from friends, family, or other attorneys may be a good start. You can also check with local bar associations or legal aid clinics. FindLaw offers a directory of local employment law attorneys near you.
Additional Employment Rights Resources
Workers' Compensation In-Depth
What Are Your Rights Against Workplace Retaliation
What Is Wage Theft and How Can You Recover Stolen Wages
Next Steps
Contact a qualified employment attorney to make sure your rights are protected.
Help Me Find a Do-It-Yourself Solution
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.