What Types of Claims Do Workplace Attorneys Handle?
A workplace attorney can handle a variety of claims related to the workplace. This includes issues involving employment contracts, such as ensuring they are fair and comply with relevant laws.
Workplace lawyers also help individuals who have claims under the Fair Labor Standards Act, which governs wage standards, and the Occupational Safety and Health Act, which ensures safe working conditions. Other issues that workplace lawyers may handle include the Employee Retirement Income Security Act, which governs pension and health plans, and the Family Medical Leave Act, which allows employees to take leave for family or health reasons.
Workplace attorneys can also help guide their clients through processes that involve the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that administers and enforces civil rights laws prohibiting workplace discrimination.
How Can Employment Lawyers Help Employers?
Employment lawyers can help employers in many different ways. For example, an employment lawyer can advise an employer regarding creating and maintaining a lawful, healthy, and productive workplace environment.
The lawyer’s assistance can begin at the foundation level of the business by drafting and reviewing policies that govern the workplace. This helps ensure that all of the policies of the company align with the numerous applicable California employment laws.
This type of compliance requires adherence to any legal requirements as well as fostering fair and safe work environments for employees, which can help improve their productivity and morale. Additionally, workplace attorneys can play a key role in advising on matters related to human resources.
This means a lawyer can help an employer hire, manage, and terminate employees while following the applicable legal requirements. This includes guiding an employer regarding handling sensitive issues, such as:
- Employee grievances
- Performance reviews
- Disciplinary actions
By providing legal assistance in these areas, a California workplace lawyer can help prevent legal issues from arising if a situation is mishandled. Additionally, these types of attorneys can assist if a dispute escalates into a legal challenge.
A workplace attorney can represent an employer in a legal dispute, defend them against a discrimination claim, help resolve a wage dispute, and defend them against a wrongful termination claim. A lawyer can help mitigate potential damages as well as protect the reputation of the company while trying to keep an issue from becoming a costly legal battle.
How Do Employment Lawyers Help Employees?
In addition to helping employers, employment lawyers can also help employees ensure that they understand their rights and are able to effectively assert them if it is required. If an employee is facing discrimination in the workplace, their lawyer will serve as their advocate.
Discrimination that occurs in the workplace may be overt or subtle. Proving workplace discrimination requires an understanding of the applicable law.
A workplace attorney will help an employee gather and present evidence, file the necessary legal documents, and will represent them in any proceedings. An employee may have a wage dispute, such as unpaid overtime or a dispute over an agreed-upon salary or raise. In that case, a workplace lawyer can help ensure that the employee receives fair compensation.
Workplace lawyers will help employees interpret their employment contract, assess their situation based on current wage laws, negotiate with their employer, and represent the employee in court if necessary. An attorney can also help an employee who has a wrongful termination claim.
It can be confusing and traumatic to be terminated from a job, and the employee may not always have a clear understanding of why it occurred. A workplace lawyer can assess the employee’s situation, advise the employee on their rights, and represent them in seeking justice and compensation.
How Much Does a California Workplace Lawyer Cost?
The cost of workplace attorneys in California will vary based on several factors, including, but not limited to:
- The lawyer’s experience and expertise
- The complexity of the case;
- The amount of time it may take to resolve the case;
- The location of the lawyer;
- The fee schedule the lawyer uses, such as hourly or contingency.
The majority of employment lawyers in the State of California charge their clients by the hour. An employment lawyer in California may charge, on average, an hourly rate of between $100 to $450 per hour, depending on their experience and expertise.
A workplace attorney who receives a contingency fee payment may charge between 30 and 40 percent of their client’s final settlement or award. Certain types of cases may have specific percentages in California, such as workers’ compensation, where the court may authorize a fee of 10 to 15 percent, depending on the complexity of the case.
Tips for Hiring a Workplace Attorney
It is important to consult a workplace attorney who has experience in handling similar cases. They should have a good understanding of the applicable laws, such as the Employee Retirement Income Security Act or the Occupational Safety and Health Act.
It is also important for an individual to choose someone who communicates clearly and is a good fit for their specific needs and budget. Some attorneys may also offer free initial consultations, which is a short meeting where the parties determine if they are a good fit for one another.
When Should I Hire an Attorney?
In general, if an individual is facing a work-related issue that they cannot resolve internally within the company, it may be helpful to consider legal assistance. Advice for specific employment-related situations is as follows:
Violation of employment laws
If an individual suspects that their employer is not following employment laws, hiring an attorney is advised. For example, an attorney can help address violations such as denial of overtime pay as stipulated under the Fair Labor Standards Act or infringement of rights under the Family Medical Leave Act.
Discrimination claims
If an individual believes they are a victim of workplace discrimination based on a protected category such as gender, age, or disability, it is important to consult with an attorney. A discrimination claim can be difficult to navigate, as they typically require an understanding of both federal and state anti-discrimination laws. An employment attorney can help gather necessary evidence, file complaints with appropriate agencies, such as the EEOC, and represent the employee in legal proceedings if needed.
Wage disputes
An individual could be involved in a wage dispute, such as not receiving an agreed-upon salary, being denied lawful overtime, or facing issues with commissions or bonuses. If this is the case, an attorney can provide invaluable help. A wage dispute can involve a detailed analysis of employment contracts, pay stubs, and relevant laws, and an attorney can help ensure an individual receives proper compensation.
Wrongful termination
Hiring a workplace attorney can be helpful if an individual has been terminated from their job and believes it was wrongful, such as by a breach of contract or a violation of labor laws. Wrongful termination cases can be complex, and a lawyer can help determine if the termination was unlawful and what compensation an individual may be entitled to.
Complex legal situations
In some instances, an individual may be presented with an employment contract or severance agreement that requires legal interpretation. In these situations, it is important to have a lawyer review them before signing to ensure that the individual fully understands their rights and obligations.
Hostile work environment
If an individual is facing a workplace situation that is creating an unsafe or hostile work environment, such as persistent harassment or severe mistreatment, a lawyer can help. An attorney can advise an employee on how to document their experiences and can guide them through the process of filing a claim, if necessary.
Do I Need a Lawyer for Help with Employment Issues?
If you have any issues, questions, or disputes related to your workplace, it is important to consult with a California workplace lawyer. Your lawyer can help you with a variety of issues, including employment laws, dealing with discrimination claims, resolving wage disputes, and other issues.
With the right legal assistance, you can handle your workplace dispute or issue effectively and efficiently. Your workplace is a place where you spend a large amount of your time, so it is important to ensure you are comfortable and properly treated.
