What kinds of cases does an employment lawyer take?
Attorneys specializing in employment law offer a diverse range of services to both employees and employers.
A proficient employment lawyer serves to inform clients of their rights. This encompasses delineating the relevant legal statutes and regulations applicable to a particular case, as well as presenting the available avenues for the client, which may encompass litigation, negotiation, mediation, or alternative courses of action. Furthermore, an employment lawyer can furnish a comprehensive assessment of the advantages and disadvantages associated with each option, along with offering counsel on the optimal approach to dealing with the case. For a free consultation on employment law issues, please contact our employment attorney for employers in Los Angeles, San Diego, Orange County, Sacramento, San Jose, and San Francisco.
Issues of Compliance
For employment attorneys representing employers, a fundamental duty involves ensuring adherence to a myriad of legal stipulations. This encompasses upholding federal and state anti-discrimination laws. This involves formulating policies and letting employers and management know about the importance of not discriminating based on race, color, sex, age, national origin, religion, or disability. In addition, employment lawyers are often instrumental in enlightening employers about their responsibilities in adhering to OSHA guidelines and environmental regulations. Moreover, they stand ready to defend employers when facing governmental boards and agencies. Our employment attorney for company in Los Angeles, San Diego, Orange Count, Sacramento, San Jose and San Francisco.
Submitting Employment Complaints
In the majority of employment law cases, it is typically required that a complaint be submitted to the Equal Employment Opportunity Commission or another relevant governmental body prior to an employee initiating a private legal action. An employment attorney can assist an employee in submitting the complaint to the pertinent agency and provide clarification on the timeframe within which the claim must be filed, along with other pertinent factors associated with the claim.
Handling Legal Proceedings
Employment attorneys are also instrumental in matters involving legal proceedings related to employment. They stand by employees who are pursuing legal action against their employer for reasons such as wrongful termination, discrimination, wage and hour disputes, and denied benefits. Further, they act in defense of employers facing such claims. Employers may at times initiate legal action against employees, particularly in cases where they believe non-compete or confidentiality agreements have been breached. Employment lawyers assist in various legal claims, including:
Wage and Hour Disputes
These disputes arise when an employee does not receive the rightful compensation owed to them. This can occur when an employer compels an employee to work off the clock or fails to provide overtime pay. Misclassification of employees may also lead to disputes in order to avoid paying overtime rates.
Employment Discrimination Cases
These lawsuits arise when an employee experiences adverse employment actions, such as termination, demotion, reassignment, or non-hiring, based on a protected status. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the grounds of color, race, national origin, religion, and sex. The Age Discrimination Act safeguards employees aged 40 or older, while the Americans with Disabilities Act prevents employment discrimination based on a disability. Each of these laws has distinct procedural requirements and applies to different categories of employers. For example, some laws pertain to employers with 15 or more employees, while others extend to those with 20 or more employees. There may be additional state laws offering further protections to employees, even in cases where there are fewer employees. State laws may also grant protections for other classes of employees beyond what federal law provides.
Employment Class Actions
When a group of employees face similar adverse actions from an employer, such as wage and hour or discrimination disputes, they may collectively pursue a class action against the employer. This involves multiple plaintiffs joining forces. The benefit for the employees is the ability to distribute the costs of litigation among the members.
Workers’ Compensation Claims
Workers’ compensation claims arise when an employee sustains an injury or falls ill due to work-related factors. An employment attorney can assist an employee in initiating a claim or in the appeals process. They may also advocate for the employer’s interests and provide support in validating a denial.
Third Party Lawsuits
In certain situations, an employee might have grounds for a third-party lawsuit against a party other than their employer for a work-related injury. Employment lawyers play a crucial role in drafting complaints, liaising with the opposing legal counsel, and representing the client in court proceedings.
Union Matters
Employment attorneys may offer guidance to employees regarding their entitlement to establish a union and other rights, such as freedom from discrimination based on protected union activities. They may also counsel employers on their rights and obligations concerning unionized workers.
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