A woman named Gemma had been working as a manager at a retail store for five years. She had always received positive performance reviews and had been promoted twice during her tenure. However, Gemma noticed that she was being treated differently than her male colleagues in similar positions.
Sarah’s boss, who was male, started giving her negative feedback and questioning her decisions in front of other employees. He also started excluding her from important meetings and events, which affected her ability to perform her job. Sarah tried to address these issues with her boss, but he did not take her concerns seriously and mistreated her.
Feeling frustrated and helpless, Gemma decided to seek the help of an employment attorney. The lawyer listened to her story and informed her that her treatment by her boss could be considered gender discrimination, which is illegal under federal and state law.
If you’re wondering if it is time to speak with an employment opportunity, the answer is likely yes.
When Is It Time to Talk to an Employment Attorney?
Any employee experiencing work-related legal issues, including breach of contract, wrongful termination, sexual harassment, or qualifying discrimination problems, should contact an experienced employment attorney immediately. The best time to reach out is when a worker believes something is wrong without a viable remedy.
It is essential to talk to an employment attorney when you feel your legal rights as an employee have been violated or need legal advice or representation related to your employment.
You may want to consider consulting with an employment attorney in some specific situations.
- Discrimination. If you have been discriminated against in the workplace based on your race, gender, age, religion, national origin, or disability, you may have a claim. An employment attorney can help you understand your rights and options.
- Harassment. When you have been harassed in the workplace, either by a coworker, supervisor, or manager, an employment attorney can help you understand your legal rights and options.
- Wage or Hour Disputes. Employees must be paid for the hours they work, including overtime, holiday, and bonus wages when they apply. Anyone who has not received compensation for their authorized time when they were entitled to it should speak with an employment attorney to discuss their situation.
- Wrongful Termination. Suppose you have been fired from your job in violation of your legal rights, such as exercising your rights to file a complaint, take a leave of absence, or report unlawful conduct. In that case, an employment attorney can help you understand your options.
- Contract Disputes. Some workers have formal employment contracts that dictate the terms and conditions of what they do and how they get paid. If you have an employment contract that has been breached or need help negotiating a contract, employment attorneys can help you navigate the necessary legal issues.
Whenever you have any concerns or questions about your employment, it is always a good idea to consult with an experienced attorney to help you understand your various rights and options.
What Does an Employment Attorney Do?
Employment attorneys are legal professionals specializing in matters related to this law section. They can provide legal advice and representation to workers or employers.
Although the work that an employment attorney does is case-dependent and follows any specialties they choose to practice, many of these legal professionals will help with these tasks.
1. Review Contracts
These attorneys can review employment contracts, non-compete agreements, severance agreements, and other legal documents related to employment to ensure that they comply with state and federal law and protect their client’s legal rights.
2. Client Representation
Employment attorneys can represent clients in disputes related to discrimination, harassment, wrongful termination, retaliation, and other employment-related issues. This service can include representing clients in negotiations, mediation, arbitration, or litigation.
3. Legal Advice
These legal professionals can advise clients on a range of employment-related issues, such as wage and hour laws, employment discrimination, and harassment. They can also guide employers on best practices to minimize legal risk.
In most cases, only licensed attorneys can give legal advice. While other individuals or professionals may be able to provide information and guidance, they cannot provide anything formal unless they are licensed to practice law.
4. Conduct Investigations
Employment attorneys can conduct investigations into allegations of workplace misconduct, such as harassment or discrimination, to help employers comply with legal obligations and minimize legal risk.
This step might include reviewing documents, conducting interviews, and gathering evidence. The goal is to build a foundation that supports your position through physical evidence, photographs, videos, and other media.
Some attorneys might choose to conduct background checks or uncover surveillance evidence, especially when workplace issues are involved.
5. Advocate
You can trust employment attorneys to advocate for policy changes related to employment law at the local, state, and federal levels to promote fairness and equity in the workplace.
How Much Does It Cost to Hire an Employment Attorney?
The cost of hiring an employment attorney varies depending on various factors, including the lawyer’s experience, the case’s complexity, the location, and the fee structure.
Some employment attorneys in the United States charge by the hour, while others work on a contingency or flat fee basis. Hourly rates can range from $150 to $500 or more, depending on the attorney’s experience and location.
Contingency fees typically range from 20% to 40% of any settlement or judgment, and flat fees are usually negotiated based on the specific services required.
Most employment attorneys offer a free initial consultation, during which they can assess your case and provide an estimate of the potential cost. Some professionals may also offer payment plans or other arrangements to help you manage the legal fees.
Before agreeing to anything, even when you have a serious employment-related case that requires review, discussing fees and payment structures is essential to ensure you’re comfortable with the arrangement.
How Do I Hire an Employment Attorney?
Before deciding to hire an attorney, it is essential to identify your legal needs. Determine the specific assistance you want within the realm of employment law before proceeding, then find a lawyer that you trust in that space you trust.
Some communities might have one employment attorney, while others could have several practices from which to choose. You can start by asking for recommendations from friends, family, or colleagues who have previously used a specific lawyer. You can also check online directories or bar association websites from finding professionals in your area.
Look for attorneys with experience and a good reputation in the area of law related to your legal issue.
Once you’ve found an employment attorney that you think could meet your needs, you’ll want to schedule a consultation. Contact the law office to schedule an initial meeting. Many lawyers offer a free or low-cost initial consultation where you can discuss your legal issue and get a sense of the attorney’s experience and approach.
When you meet with an attorney, be sure to ask them whatever questions you need to feel comfortable in that situation. You can talk about their experience handling cases like yours, their fee structure, and their approach to handling your case.
Please ensure you are comfortable with the lawyer and feel they have the expertise and approach to adequately resolve your situation or circumstances.
How Do I Know If I Have a Qualifying Employment Case?
Determining if you have a qualifying employment case depends on the particular circumstances of your situation. The following general guidelines can help you assess if you have something to take to an experienced attorney.
- Review the Law. It helps to review the relevant employment laws in your jurisdiction to see if your situation falls within the scope of these regulations. If you experienced discrimination, harassment, or retaliation while at work, you may have a valid claim under federal or state anti-discrimination rules.
- Gather Evidence. You should gather evidence supporting your claim, such as emails, memos, performance reviews, witness statements, and other documentation showing how you have been treated unfairly at work.
- Assess Damages. Take time to assess the extra costs and problems you have suffered because of any perceived or tangible unfair treatment, such as lost wages, emotional distress, and other harm caused by the employer’s actions.
- File the Paperwork. You might need to file a complaint about the conduct you’ve experienced with relevant authorities before proceeding with a legal case.
You should consult with an experienced employment attorney who can evaluate your situation and help you determine whether you have a valid claim. A legal professional can also help you understand your case’s legal process and potential outcomes.
How Long Do Employment Cases Take in Court?
It takes the EEOC about 180 days to investigate charges related to employment law. If workers and employers decide to proceed with mediation, results are often 50% faster. Some lawsuits can take several years to complete. The average high-value case takes about 24 months to work its way through the legal system.
The time it takes to resolve an employment issue in court varies based on several factors, such as the complexity of the case, the number of parties involved, the court’s docket, and the jurisdiction in which it is filed.
This process begins when the complaint gets filed. It is the first stage of an employment case, in which the plaintiff files a complaint with the court, alleging a violation of their employment rights. The time it takes to file a complaint can vary, but typically takes a few days to a few weeks.
During the pre-trial stage, the discovery process occurs. Both sides exchange information and evidence related to the case. Depending on the complexity of the issue, this step can take several months and last for up to a year.
Many employment cases are resolved through mediation or settlement negotiations, which can take place at any stage of the case. This process can also take several weeks to several months.
If the case doesn’t settle, it proceeds to trial. The length can vary depending on your circumstances, but it is at least a few days long in most circumstances. When one party is not satisfied with the outcome of the trial, they may choose to appeal the decision. Appeals can take several months to a year or more to resolve, depending on the complexity of the case and the jurisdiction.
All those issues should encourage someone to talk to an employment attorney if they experience problems at work. Everyone deserves to be treated fairly and equally.
