What Does an Employee Lawyer Do?

Posted by Marcus McGowan on September 20th, 2021

In the event of a dispute, an employment attorney can assist employers and employees in reaching an agreement. It\'s useful to know an employment attorney who can clarify both sides\' rights and responsibilities if your employer-employee relationship becomes strained due to a dispute about salaries, workplace safety, discrimination, or wrongful termination. There are two primary sorts of employment lawyers. One group, known as employment discrimination attorneys, employment rights attorneys, or federal employment attorneys, concentrates on plaintiffs or employees, while the other, known as management attorneys, focuses on defendants or employers. In most cases, an employment attorney focuses on one side or the other, although some attorneys will represent clients on both sides. Employees who suspect they are being discriminated against in some way, or who believe they are not being paid properly, should keep detailed records of incidences, including dates and times. Any eyewitnesses should be noted. If the employee decides to take legal action, all of this material will be useful to the agency or attorney.

What Does an Employee Lawyer Do?

An employee lawyer works with any area of employment, such as discrimination, wage and hour difficulties, Occupational Safety and Health Act safety issues, and anything else. can assist an employee in determining if their rights have been infringed and whether additional action is warranted. The employment attorney will ensure that the employee has exhausted all internal options, such as following the employee handbook\'s reporting procedures for harassment and other forms of discrimination. If the issue is late pay, overtime, or correct pay classification (non-exempt vs. exempt status), the attorney can assist the employee in navigating the Fair Labor Standards Act (FLSA) to establish if their rights have been violated and what steps they should take next. There is a slew of labor laws that an employer could unwittingly break, and because different statutes have varied employee count and tenure criteria, it\'s a good idea to seek legal advice.

When Is the Best Time to Seek Advice?

The optimum time to seek counsel is as soon as an employee suspects something is wrong but no solution is forthcoming from the employer. That isn\'t to say that the employee needs to hire an attorney immediately away. If an employee believes they have been discriminated against, they can proceed straight to the federal Equal Employment Opportunity Commission (EEOC) or a state equivalent. If the employee works for a small business and the owner is the involved party, the employee should obtain legal counsel since the next step would be to file an administrative complaint with the federal or state government. It\'s preferable to go outside the organization first, and then have that agency investigate and either assess whether there\'s enough evidence to show a violation or aid the employee in drafting an appropriate claim or accusation. The employee has the right to initiate a case even if the agency finds inadequate proof. At that time, the agency will either assist the employee or advise them to seek legal counsel.

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Marcus McGowan

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Marcus McGowan
Joined: November 28th, 2020
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