An employment lawyer is another name for an attorney specializing in labor law. Labor laws protect the rights of employees, whether they are full-time employed staff or temporary workers. The employment lawyer represents employees’ interests by taking cases against employers who violate these labor laws.
Role of an employment lawyer
Employment lawyers may represent individuals through the court system when their employers have discriminated against them in some way, including unjustly firing them. They may also defend employees who their employers are suing for actions that occurred during work hours.
For example, if an employee is accused of invasion of privacy or theft (such as stealing office supplies), the employment lawyer would represent them at trial and attempt to dismiss the charges.
Keep reading to learn the roles and responsibilities of red deer employment lawyer:
1. Investigates the facts of a case
Before taking a case, the employment lawyer must investigate to ensure that illegal or unjust practices have taken place. They interview employees and review documents like workplace policies, performance evaluations, and personnel files to determine whether they can build a strong enough argument against the employer.
If this sounds like something you want to pursue as an employment lawyer, you may need to learn more about investigating employment law cases.
2. Builds a case
If the facts seem favorable for taking on a new client, the next step is to take on their case and build up an argument against the employer. The lawyer will take statements from the employee under oath to prepare depositions used as evidence in court. If the employer is found guilty, an employment lawyer will negotiate for the employee’s reinstatement or receive financial compensation for their losses.
3. Represents clients in court
Employment lawyers are often required to take their cases through the court system if negotiations with employers fail. Employment lawyers must be prepared to argue their clients’ cases in court, including knowing how to present evidence and being ready to defend the accuracy of that information.
4. Negotiates with employers
If negotiations with the employer fail, an employment lawyer will take their case to court. However, they will represent clients by negotiating the best outcome possible before taking that step in most cases. For example, they may ask for reinstatement or financial compensation rather than forcing the employee into litigation.
5. Settles disputes out of court
In many cases, when negotiations with employers fail, an employment lawyer will take a case to court to determine what a fair settlement would be. However, they can also represent employees in settling disputes out of court by working on potential agreements with the employer before going to trial.
6. Testifies in court
Given that employment disputes are often resolved out of court, the job of an employment lawyer may not involve testifying in court. However, if they plan to become litigators, they will need experience being cross-examined by opposing counsel. It can help them prepare for instances where they are called upon to defend themselves and prove their client’s case.
7. Learns about employment laws
In order to represent clients properly, an employment lawyer must stay up-to-date on the current state of employment law. They may do this by attending seminars and visiting up-to-date on relevant cases and legislation (like learning more about discrimination and harassment law). The more you know about employment law, the better equipped you can handle employment cases.
8. Maintains a positive relationship with clients
Many of their clients are employees who have been taken advantage of by their employers, and an employment lawyer needs to maintain a positive and open rapport with them. It can help pave the way to effective communication, which will help your lawyer better understand the situation and work towards building a stronger case.
9. Interacts with human resources
The work of an employment lawyer often requires interaction with human resources (HR) personnel in both the victim’s company and their own company. If you are planning on becoming an employment lawyer, you may need to learn more about the human resources department of your company or that of a prospective employer.
10. Stay up-to-date on employment law developments
Since employment cases are often resolved out of court, an employment lawyer needs to stay up to date on the state of employment law. They may do this by attending seminars and staying up to date on relevant cases and legislation (like learning more about discrimination and harassment law).
A lawyer is a vital part of labor law, whether they help clients understand their rights, build a case against an employer, or negotiate with them. If you enjoy researching employment law and taking on cases that will protect the rights of employees, then this might be the proper position for you!