6 Main Reasons Why People Hire An Employment Lawyer
An employment lawyer is an attorney that is hired to deal with employment-related issues. These professionals deal with everything from employment contracts and wrongful termination, to sexual harassment and discrimination both when it comes to representing employers and employees. Employment law is a delicate and complicated subject that could lead to some major damages if not handled correctly, which is why it’s important to keep the 6 main reasons why people hire an employment lawyer in mind.
Table of Contents
Reasons To Hire An Employment Lawyer
1. Wrongful Termination And Unfair Dismissal Claims
Wrongful termination is a name for an employment law claim made by an employee who believes they were fired in violation of their contract or in breach of an implied employment contract. Unfair dismissal claims are similar but typically apply to someone who was laid off or fired without proper notice under the relevant labor laws. Knowing how to manage a situation like this is important for both sides – the employer and the employee alike.
When dealing with something like this, it’s crucial to find an employment lawyer that works in your state. As an unfair dismissal lawyer in Melbourne points out, laws change on a federal, state, and local level all the time, so making sure your lawyer’s up to date with local regulations is important. Note that employees can take legal action against employers that treat them unfairly, and an employment lawyer can help you determine if your dismissal is in fact unfair.
2. Workplace Investigations
When an employer suspects that one of its employees has committed a workplace crime or breach of conduct, they can turn to an employment lawyer for help in completing an investigation into the matter.
From there, it’s up to the attorney to establish whether or not employers should take any action against the employee in question. If the claim has merit, then the attorney can present any evidence that was collected during the investigation to help build their claim. These things can get settled, which happens in most cases, or they can be taken to court. When an employment claim goes to court, it’s most often related to wrongful termination and racial discrimination. However, a lot of the time, the lawyer will advise their client to take a good settlement, since it can take a while to see the lawsuit through to the end.
3. Sexual Harassment And Discrimination
There are laws in place to keep employees safe from discrimination and other forms of harassment at work. However, it can be difficult for a company to detect wrongdoing when there isn’t a clear-cut case of abuse. These days, more companies are taking preventive measures to make sure these kinds of things don’t happen, but there’s still a lot of work to be done. Luckily, an employment lawyer can help you with the evidence needed to prove discrimination and harassment in a company.
Typically, it’s difficult for employees to win discrimination claims without undeniable proof of wrongdoing. Since employment lawyers know how to collect evidence and build lawsuits, they can help you determine if it’s possible to move forward with your claim. It’s important that you document every incident related to harassment. Ask yourself, what happened? And when did it happen? Keep track of dates in order to build a work in progress in your case against the company.
4. Contract Drafting
In the business world, there are a lot of contracts that have to be signed in order to ensure legalities and rights for both employers and employees. When hiring a new employee, it’s important that you have a good contract ready to ensure the employment relationship is mutual and fair for both parties involved. Employment contracts contain key information such as start date, pay, job description, termination policy, severance packages, and more. It’s not unusual for them to go through several drafts before an agreement is finally reached between the business and the employee.
These types of contracts need to be written up precisely with all necessary information in order to avoid any legal issues. An employment lawyer can help with this process by providing clear insight into what you need to include, how it should be arranged, and whether or not the contract’s contents are legal according to your state’s laws. This ensures that both parties involved know exactly what their responsibilities are and that no one’s rights are violated.
5. Adverse Actions
Adverse action is a term used to describe any action that can lead to negative consequences for an individual’s employment. Generally, this is a disciplinary measure taken by employers against employees who have committed workplace rule violations or made mistakes, that are deemed inappropriate. Employers need to be aware of what kinds of workplace behavior can result in an adverse action. For example, refusing to relocate a worker after the company moves its operations overseas could be seen as a form of retaliation or discrimination. Besides that, if you let an employee go because they reported some kind of workplace hazard, then your company may be held liable.
Now, adverse actions aren’t always grounds for a lawsuit. If an employee violates workplace policy and the company makes the decision to take action against them, there may not be much to worry about. However, it’s important that you keep in mind these kinds of situations so you can avoid any legalities down the line. Legal issues may arise if an employee claims that they were terminated unfairly, or for another unjust reason. Having an employment lawyer on your side can help to protect against these types of issues and ensure that you remain compliant with the law.
6. Accidents At The Workplace
Whether it’s a construction site or an office, your business is going to have accidents from time to time. In most cases, these kinds of incidents are unpreventable and unavoidable. However, there are still things employers can do to stay as protected as possible from legal issues that may arise after an accident at the workplace. For starters, it’s important to show that you have a safe working environment. Engrain safety into your business culture and go over safety precautions on a regular basis with all employees.
On the other hand, employees have the right to compensation in the case of injury suffered in the workplace. To make sure that you are protected, it’s important to have insurance policies for your employees that cover accidents at work. This means that if your worker gets hurt on the job, then you’ll be covered financially.
While employment lawyers are needed in a lot of other cases related to work law as well, these are some of the main situations where people seek legal counsel. Remember that it’s always important to check with the law to make sure that you are following the appropriate procedure. If you need any help getting started, or if you want an opinion on whether or not your contract is legal, then reach out to a local employment lawyer.