If you are having problems with your employer and it is starting to affect you in a major way, then it could be time to consult with an employment lawyer. There are several ways they may be able to help you. Employment lawyers like those at HKM.com supply a variety of services to employees and employers. Here are some of the common tasks that employment lawyers can assist with.
Explanation of Rights
Knowing your rights is vital if you are to go ahead with any legal action. You can learn about the laws that apply to your case and the options available to you. This could include litigation, mediation, negotiation, or other actions. You can also learn about the pros and cons of each choice.
Filing of Complaint
If you are going ahead with legal action, an employment lawyer can help you complete the required forms that must be filed with the Equal Employment Opportunity Commission or other governmental agencies. They can also explain the time limit in which the claim must be filed, and other factors related to the claim.
Litigation
In employment-related lawsuits, they stand for employees who are filing a lawsuit against their employer due to discrimination, wrongful termination, denied benefits and wage and hour claims. Some legal claims that employment lawyers help with include:
• Wage and Hour Lawsuits – where you have not received the compensation you are entitled to receive. This could be working extra hours unpaid or at normal pay rates instead of overtime rates. Or it could be you have been misclassified in a position with lower qualifications resulting in lower pay.
• Employment Discrimination Lawsuits – this is where an employee is terminated, demoted, reassigned, not hired or otherwise the recipient of adverse employment action because of some form of discrimination. Employers must not discriminate based on race, color, national origin, sex, disability or religion.
• Employment Class Actions – when a group of employees are all affected by a similar adverse action by an employer, like discrimination or a wage and hour claim, the employees can join together in a class action against the employer. This allows all employees to share the litigation costs.
• Workers’ Compensation Claims – an employment lawyer can help an employee file a claim or an appeal when an employee was injured or became ill at work.
• Third Party Lawsuits – sometimes, an employee may have a third-party lawsuit against another party other than an employer for a work-related injury. Employment lawyers can help prepare complaints, communicate with the legal representative of the other party, and appear in court on your behalf.
• Union Issues – they may recommend employees of their right to form a union and other rights, like being free of discrimination based on their protected union activity.
Employment law can be complex, and most employers will be quick to use their lawyers to try to discredit your claim. If you are going to proceed with a claim against your employer, a quality employment lawyer will be a crucial part if you want any chance of success.