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What Is an Employee Rights Attorney?

An employee rights attorney, sometimes called an employment lawyer, is a legal professional who handles many work-related matters. They protect employees from illegal treatment by employers and guide employers on following labor laws.

An employee rights lawyer explains the rules about pay, discrimination, privacy, benefits, and more. Their job is to ensure workers get fair treatment and that employers follow the law.

How an Employee Rights Lawyer Helps

  • Advising on federal or state employment laws
  • Explaining workers’ rights in areas like wages or privacy
  • Representing employees or employers in lawsuits
  • Preparing documents for workplace matters (like contracts or policies)
  • Speaking to government agencies on behalf of a client

What Does an Employee Rights Attorney Do?

Employee rights attorneys mostly help people who face conflicts at work. They often spend time researching labor laws, state statutes, and other codes that govern workplaces.

Since employment law often links with other government agencies, attorneys may also deal with areas like immigration law. For instance, a lawyer might check if a company hires workers legally and avoids exploiting them.

They also do tasks outside of court. For example, an attorney could review or create terms in an employment agreement so that all sides are protected. If a boss tries to add unfair terms, the lawyer can point out the risks.

Examples of Cases Employment Lawyers Handle

  • Wrongful termination: If a worker was fired for an illegal reason
  • Workplace discrimination: If a company treats someone poorly because of race, gender, age, etc.
  • Sexual harassment: If an employee experiences unwanted behavior or comments
  • Contract issues: If a worker’s contract is broken or terms are not followed
  • Wage and hour disputes: If workers are not paid proper wages or overtime
  • Whistleblower protection: If a worker is punished for reporting wrongdoing

What Are Employee Rights?

The term employee rights most commonly refers to those rights that employers are obligated to grant to employees. State and federal employment laws determine many different rights that employees obtain once they are legally hired by their employer.

Employee rights are typically enforceable once the worker begins their employment, or when they sign their employment contract. These rights are terminated once the employer-employee relationship ends. Some employee rights can actually be enforceable before or after employment.

Common Employee Rights

Some of the most common examples of employee rights can include, but are not limited to:

  • The right to be paid federal minimum wage;
  • The right to be free from discrimination at all stages of the employment process, including hiring and firing;
  • The right to privacy in the workplace, although it is important to note that the scope of privacy rights may depend on the nature of the employment; and
  • Various rights regarding leave for disability, medical, or family leave.

In addition to these employee rights, individual employees may also obtain contract rights that are specific to the terms in their employment contract. An example of this would be how some employment contracts may include a statement that the employee will not be terminated before a specific date.

When Should I Hire an Employee Rights Attorney?

If you are an employee, you should contact an employee rights attorney in any of the following situations:

  • You have been harassed, discriminated, or retaliated against by your employer;
  • You were terminated or fired from employment, and the termination was illegal;
  • You are being forced to sign an agreement waiving employee rights you are entitled to;
  • The employer has violated state and/or federal laws created to protect employees; and/or
  • Your employer has not provided the benefits that you are entitled to under your employment contract.

One of the more common disputes involving employee rights violations occurs when an employer violates the employee’s rights regarding workplace privacy. Another example would be if the employer fails to pay the employee overtime wages in accordance with the overtime standards in the area.

Using LegalMatch, you can quickly connect with local employee rights attorneys who understand the laws in your state. You just provide details about your dispute, and lawyers can reach out if they are interested. Compare profiles, see their fees, and hire the one that best fits your goals.

How Much Does It Cost to Hire an Employee Rights Lawyer in the U.S.?

The cost depends on how complicated your issue is and how the lawyer bills you:

  • Hourly fees: Usually $200 to $400+ per hour, varying by city and lawyer’s background.
  • Flat fees: For simpler tasks like drafting an employment contract.
  • Contingency fees: If you’re seeking money (like for discrimination or wrongful termination), some lawyers only get paid if they win your claim. They take around 25% to 40% of the recovered sum.

Talking About Fees

At your first meeting, ask the attorney how they plan to bill. It’s also smart to get an estimate of total costs, especially if the case might last a while.

Preparing for a Consultation

Have everything linked to your work issue, such as:

  • Employment contracts
  • Pay stubs or pay records
  • Emails about the dispute
  • Performance reviews or termination letters

How Do I Find an Employee Rights Attorney?

If you are in a situation involving employee rights, you should be sure to contact an employee rights lawyer as soon as you become aware of that issue. If you wait to contact an attorney, the delay could prevent you from being able to provide evidence of the illegal conduct committed by the employer. Failing to timely preserve evidence could also prevent you from recovering damages.

An experienced and local employment attorney in your area will be able to help you preserve any needed evidence, as well as help you initiate a claim against your employer should you have to file a lawsuit. Additionally, an attorney will also be able to represent you in a court of law, as necessary.

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