Is It Necessary to Hire an Employment Lawyer?

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By Jon P.
Member of the Loch Employment Law Marketing Team

In the fast-paced world of employment, there is always the potential for issues to arise among employees, between employees and employers, and between employers and the customers. There are also cases when issues arise between employers and the government during the former’s performance of his tasks. Some of the issues that arise in offices include harassment, wage issues, contract disputes, and workplace compliance in general which covers work safety and compliance with government regulations, among others. Most companies consult with external firms for these cases, when is it the right time to hire an in-house employment lawyer?

If the company one of the company’s biggest liabilities is in the area of workplace compliance and it is part of an industry that is heavily regulated by the government, it’s probably time to hire an in-house employment lawyer. This is usually the case in industries where manpower is heavily utilized, or where the employees are handling dangerous equipment (e.g. (construction, manufacture of construction materials)

The amount of legal matters and potential issues increases as a company keeps growing. When your operations have become so expansive that outsourcing is no longer cost-efficient, it might be time to start looking for an in-house employment lawyer who could offer more specialized support.

Layoffs and termination of employment

It’s unavoidable for a company to terminate or lay off employees. But how do you distinguish certain situations that can possibly create legal violations? A business organization needs to take actions bound by legality. An employment lawyer can assess whether the termination is in compliance with the law.

The process involves obtaining evidence to support the claim. An employee will work with a lawyer in determining the best resolution for the case such as securing damages and monetary compensation against the other party. The company’s in-house lawyer could then examine and review the contracts and see if an agreement can be – or should be – reached.

It’s also necessary when you need to lay people off. Ending employment contacts is no small matter so you want to ensure that you are in compliance with the law.

Policies and Handbooks

An employment lawyer in the office could write, review, and update company policies as needed in order to meet changing requirements brought forth by legislation. A company has to make sure that their policies do not violate laws on workplace safety, overtime pay, and leaves.

Contracts and Documents

Experts in employment law can quickly review employment-related documents such as employment contracts and severance agreements. They can make sure that the documents contain precise terms that could stand up in court.

Workplace Compliance

The scope of workplace compliance is pretty massive. There are numerous laws and policies that apply to the performance of an employee’s tasks and the companies responsibilities. This vast legal framework covers areas such as OSHA (Occupational Health & Safety), manufacturing standards including food safety, and even human rights. In addition, compliance issues such as unpaid training and excessive overtime can affect the well-being of employees, which is essential for the company’s operations.

The complexity and the type of requirements for workplace compliance also vary greatly, depending on the structure of the business, the industry, and the nature of the business. For example, a restaurant will have to comply with food safety regulations which include standards for handling, preparing, and storing food. A company operating data centers will have to comply with privacy and data protection laws.

While companies generally implement policies in order to create a safe workplace that adheres to government regulations, there are cases when compliance violations do occur. These could have serious consequences to the brand or the company. Not only could this lead to costly fines and lawsuits, but also to an even more expensive blow to their reputation.

Employees should know their courses of action, and companies should be equipped to handle these things. An employment lawyer could make that possible. HR alone couldn’t, especially if the issue is massive and could generate interest from the media.

Wage contract disputes

Wage disputes can be highly complicated. In an employment setting, a wage dispute can be classified into wage negotiations or withholding of wages.State and federal laws require an employer to pay minimum wage to the employees. If payment of salary is different from what was promised, it is also important to look at the employee-employer contract. The amount of wage and contract duration should be present in the contract for the employee to file a claim.

Sexual Harassment

Harassment in the office can happen. Remember that this does not only constitute sexual advances but also discrimination and other physical harassment. This can include verbal attacks like name-calling, insults, and innuendos as well as physical attacks like groping, hitting and other unnecessary touching.

According to CNBC All-America Survey in December 2017, 1 in 5 American adults have been a victim of sexual harassment at work. There are other unreported cases due to fear of retaliation and other consequences.An employment lawyer can assess whether or not the harassment is illegal under the law. He cancome up with a resolution for the issue.

Employment discrimination

Employers are never allowed to discriminate against ethnicity, religion, sexual orientation, physical disability and any other protected classifications. In the US, this is protected under Title VII of the Civil Rights Act of 1964 enforced by Equal Employment Opportunity Commission or EEOC.

Apart from Title VII, there are also other laws that protect certain classifications.

  • Equal Pay Act of 1963 (APA) for gender equality
  • Age Discrimination in Employment Act of 1967 (ADEA) for employees 40 years and older
  • American Disabilities Act of 1990 (ADA) for people with disabilities.

Before an employee can file a lawsuit, it is important to bring the case first to EEOC. The agency will conduct an investigation which may require interviews and additional documents from other parties. EEOC will try to come up with a solution and attempt a settlement in the event that discrimination did happen. If a settlement is not successful, EEOC will authorize the employee to file a lawsuit.

Let’s face it, employment law is complicated – and expensive. Employment lawyers can protect the interests of their client. For companies, in-house counsel specializing in employment law can minimize liabilities. They can help get disputes resolved in a timely manner so you can minimize the damage and start rebuilding your name.

Author’s Bio – Jon is fond of reading, writing & meeting people. He loves writing about Employment Lawyer Brighton. In a former life, Jon worked as a content specialist and has good knowledge about employment policies & law.

11 COMMENTS

  1. I like that this article talks about how an employment lawyer can make sure a termination complies with the law! I have a friend who was recently fired and feels it was unjust, so hiring an employment attorney in her area may be beneficial to her because she may be eligible for compensation, and the lawyer could help her discover that if so.

  2. I like how you said that an employment attorney can help you determine if your termination was in compliance with the law or not. I was recently terminated from my job and think it may have been due to my religious personality. I’m not sure how to go about proving the non-compliance with the law, so I think I’ll go ahead and start looking for a lawyer to help with that.

  3. it’s good to know that employment lawyers will be able to quickly review your employment-related documents for evidence that could stand up in court. My sister was recently fired from her job, and she thinks it could be due to her age instead of anything of merit. I’ll pass this information along to her so that she can look further into her options for hiring an employment lawyer to help her with her case.

  4. It’s helpful to remember that different industries will have varying conditions and requirements on how their business should run. My son recently lost his job over a conflict with his manager, and he doesn’t feel the termination was fair. Maybe we should ask a lawyer about the situation and see what we should do.

  5. In my opinion, employees who were fired due to invalid reasons must hire a retaliation lawyer that will be able to help them out. Well, you made a pretty good point that this type of professional will help them obtain the necessary evidence to support the claims. You are also right that an attorney will help educate them about the rules and regulations.

  6. You made a good point when you said hiring an employment lawyer is beneficial because they could protect their clients’ interests since employment law is complicated and expensive. My friend plans to sue her employer for sexual harassment. I’ll share this advice with her and encourage her to talk to an employment lawyer as soon as possible. Thanks.

  7. It’s great that you talked about how a lawyer has the skills to go quickly through legal documents and comprehend them easily. My aunt is looking at some work issues, and she wasn’t sure about filing a legal complaint because she’s not familiar with all the processes. I told her she should definitely go for it and hire an attorney to help her out. I’m grateful for your tips on why you should hire an employment lawyer.

  8. hey, thanks for posting this information regarding the employment lawyers. It will helpful for all of us. You can describes all the aspects which will gives the guidance to all of us. SAR Lawyer is also a best law firm who offers the best employment lawyers in dubai.

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