When to Consider Hiring an Employment Attorney

September 25, 2022

In cases of discrimination, sexual harassment, or wrongful termination, an employment lawyer can offer assistance to employees. Attorneys can also shed light on employees' rights and help ensure they are protected or help them seek justice in cases where they have been violated. An employment lawyer aids employers by drafting employee handbooks and policies and providing advice on compliance with employment laws. In addition, California has many regulations to ensure employers comply with safe and fair work environments.

Also, the Occupation Health and Safety Administration (OSHA) sets and monitors guidelines for employees' safe and healthy work environments. Employers are required to comply with the standards set forth by OSHA. They may face severe consequences and hefty fines when found to be in violation and potential legal action from employees. It is wise to communicate with an attorney to regularly maintain compliance with OSHA and labor laws to ensure safety and avoid such penalties and adverse outcomes. In addition, many laws in California, a progressive state, are evolving regarding discrimination, equality, safety, and other employment regulations. Your lawyer can ensure your workplace policies and documents are current and adhere to all applicable California and federal laws.

How can an employment attorney help employees?

An employment litigation attorney can assist an employee for several reasons. For example, if you believe you have been wrongfully terminated from a position or are facing discrimination or harassment at work. In such instances, an employment lawyer can help you navigate the often-complex legal process and fight for the compensation or reinstatement you deserve.

If you are contemplating filing a workers' compensation claim, an attorney can help you understand the process and ensure that your claim is filed correctly. If you have concerns or questions about your rights as an employee or are unsure how to proceed with a potential legal issue, consulting with an employment lawyer can give you the guidance and peace of mind you need. A lawyer can also review non-compete agreements or other contracts you may be uncertain about or uncomfortable with and advise you on your rights and options.

There are many reasons an employee in California might need to hire an employment attorney. Some common causes include, but are not limited to:

  • Discrimination or harassment at work based on race, age, gender, religion, or other protected class
  • Wrongful termination from employment
  • Unpaid wages or overtime pay
  • Family and medical leave issues
  • Workplace safety concerns
  • Defamation or slander by a co-worker or employer
  • Breach of contract by an employer
  • Violation of the California Family Rights Act (CFRA)
  • Violation of the California Pregnancy Disability Leave Law

How can an employment attorney help an employer?

Employers strive to have their workplace functioning correctly and efficiently and adhering to state and federal employment law is critical. However, there may be times when you as an employer have felt you are running your business or company to the letter of the law, but still, conflict or issues arise between employees or an employee and you. A false allegation can be detrimental to an employer.

A skillful lawyer can assist an employer in several ways, and some of the most common include but are not limited to the following:

  • Drafting and reviewing employment contracts and policies
  • Providing advice on compliance with employment laws (both state and federal)
  • Conducting investigations into employee complaints
  • Advising on employee discipline and termination issues
  • Representing the employer in employment litigation matters

When drafting and implementing employee handbooks or agreements, it may seem tempting and cost-effective to use a template; however, they are not tailored to your business and can easily leave employers vulnerable to detrimental errors and lawsuits.

An employer with the sincerest intentions can unintentionally violate one of the many California labor codes or federal labor laws. In such matters, it is paramount to seek the counsel of a knowledgeable attorney. If an employer deliberately violates a labor code, they still have legal options. However, it is imperative to obtain the advice of an employment lawyer in California immediately.

When to seek the services of an employment attorney?

As outlined above, there are many reasons for both parties to need the services of an employment lawyer. If an employee or an employer feels their rights have been violated, an allegation of wrongdoing has come to light, or they run into conflict in a way that might lead to illegality, it is advisable to seek an employment lawyer as soon as possible. Contact an experienced Bay Area employment attorney for a confidential and free consultation.

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