Employment law is an area of legal practice which covers the legal rights, responsibilities, and obligations of both the employer and the employees and also the rules monitoring the employer-employee relationship. From wages to workplace safety or wrongful termination of a worker, employment law covers a wide spectrum of employment-related issues. The employment lawyers specialize in representing the employees or the employers, but rarely both. There will be specialized employment lawyers to be used by both sides. Let’s explore both sides.
Employment law at employee-side
Those who represent the employees may be assisting the workers in filing any lawsuits if needed against the employers who treat them bad or negotiate settlements in case of a wide range of disputes.
Some specific terms to know for employee-related laws are:
- Will employment: In this particular type of employment relationship, there is no agreement between the parties and the employee can get terminated at any time, from any side, or for any reason. However, if it violates any of the existing labor laws, there is a scope of filing a suit for compensation or penalty.
- Back Pay: This is a kind of damage which will be offered over an employment lawsuit, representing the amount of money equivalent to want an employee would have been earned if he or she was not fired illegally or if denied a deserving promotion.
- Hostile work environment: If an employee is suffering from any harassment or other unwanted behavior which interferes with his or her ability to do the job properly can be considered as a hostile work environment. Any sexual harassment or workplace discriminations can come under this law.
- Age Discrimination: Similar to that of gender and ethnicity, Federal laws also prohibit any unlawful or discriminatory actions based on an employee’s age. This Act covers the individuals who are at least 40 years of age.
All working employees and job interviewees have their rights not to be discriminated based on any criteria other than performance, right to get paid by minimum wages act, and also the right to get leave for medical and family reasons. Above federal employment laws, there are many state laws also which offers some additional protection to the employees.
Employment laws at employer side
The employment law defines the employer-employee relationship and also the employer’s responsibilities. Say, for example, the employers should pay the worker on time and in full, should not discriminate, etc. However, the employers are also protected and have specific rights as covered by the other side of the same laws. Employers to consult regularly with the employment attorneys like Brennan Hershey Hershey Law while preparing the company policies, be compliant with the law, and also reduce legal exposures.
Some terms for the employers need to know are:
- Americans with Disabilities Act (ADA): This law prohibits any discrimination against employee or applicants who can perform the specified task despite the disability.
- Constructive discharge: This is a specific type of termination in which the worker quits but still being liable to as if a wrongful termination had occurred as the employee was forced to resign by being intolerable to the work conditions.
- Wage: The payment for labor according to eh contract, usually calculated in an hourly, daily, weekly, monthly, or piecework basis.
- Family and Medical Leave Act (FMLA): This act prohibits the employers from discriminating against the choice of taking time offs from work to care of their medical or personal needs, including newborn, adoption, and another familial affair.
How does an employment lawyer help?
The employment lawyers who work on the employer side will offer guidance to them to maintain proper compliance with the local, state, and federal policies related to employment. They will also help negotiate the work contracts, wages, and also to defend against any lawsuits filed by the employees to. In fact, in real work relations, there can be quite complex issues between employers and employees, beginning right from the differences between the legal “employees” against “contractors,” All these may ultimately result in lawsuits which accuse the employer against their violation of the labor laws. So, for employers, it is important to have an employment lawyer handy to take instant consultation before making policy decisions.
Choosing a good employment lawyer
As we had seen above, a good employment lawyer is an essential consultant to help you deal with any work-related issues, even as an employee or employer. However, with many legal services providers out there, choosing one may be difficult. Further, we will explore some smart tips for choosing the right employment lawyer.
# Experience of the lawyer
It is very important to choose to consider a lawyer who has experience and knowledge in the Fair Work Act 2009 and also the Fair Work Commission practices. The lawyers should also be knowledge of important case laws. Even with a law degree, if your lawyer is not aware of the acts like Fair Work, they may not be able to give you proper advice.
# Whether you are approaching one who is ideal for catering to your exact needs
The legal pursuit of different employment lawsuits may differ. So as the needs of employees and employers to protect their rights. So, it important to check for the actual specialization of the lawyer you approach in order to get proper advice regarding filing a legal case or settlement.
# Is the lawyer empathetic?
There is a big change of emotions running high in case of employee-employer disagreements, so it is crucial to check whether you can identify a lawyer who has a strong understanding of your issues and work with it amicably.
In case if you are threatened, harassed, or intimated by the employer, then you should feel comfortable with the lawyer to communicate such things openly. So, it is ideal to ask for a few interactions sessions to feel comfortable to choose a lawyer to represent you.
# The cost involved
It is ideal to choose employment lawyers who offer some fixed fee and also explains the scope of their work clearly. You should exactly know what you will receive from the money and time you spend into it. Say, for example, if you are starting a new business, then you have to seek whether you can pay off the employees on a commission basis. Establishing a business is one of the most critical times to stay conscious and knowledgeable, where a good employment lawyer may come handy.
Considering all these, it is essential to seek an employment lawyer who helps you with these traits and ensure the best solution to your employment law related issues.