The results of recent research on entrepreneurship indicated that only 28% of businesses invest in management training, impacting the staff morale negatively. You should contact an employment law attorney in California to know your legal rights when working under an untrained manager or employer as they can be abusive.
Knowing that your boss is abusing labor standards is one thing, but resolving such a slippery situation can be tricky, and that’s why you need an employment law attorney in California. An employment lawyer can provide legal representation and ensure you’re not victimized for demanding your legal rights.
5 Critical Duties of Employment Law Attorneys
- Explaining and Clarifying of Rights
Employment lawyers should expound on the client’s rights and advice on how the rights impact employment lawsuits. This entails explaining to the client on the applicable laws for their legal situation and the available legal avenues, including litigation, mediation, or negotiation. They should also explain the advantages and disadvantages of those options and advise their clients accordingly.
Employment lawyers do not only serve employees, but they also serve employers. One important service they offer to employers is helping them comply with labor and employment laws. They advise employers on how to be compliant with state and federal laws on anti-discrimination in regards to race, gender, affiliation, color, and much more. An employment lawyer can also advise employers on how to comply with OSHA environmental and safety regulation guidelines. Besides their advisory role, they can represent their clients on government boards or agencies.
- Filing of Complaint
In most legal situations involving employment law, employees must file a complaint with the EEOC or an appropriate governmental agency before pursuing private litigation. The lawyer helps employees file such and explain how the statute of limitation impacts the case and how different factors can influence the outcome of a case.
An employment attorney can assist disputing parties in employment lawsuits. They provide legal representation to employees for discrimination, improper termination, denied benefits or wages, and other financial claims. However, they can also legally represent employers in such lawsuits. An employer can sometimes file a lawsuit against employees violating confidentiality agreements.
- Union Issues
Employment lawyers can help employees form a union and advise them accordingly if the employer is adamant. They offer guidance on other matters affecting employees, such as discrimination regarding their union activity. As we indicated earlier, employment lawyers can also advise employers on how to deal with union workers.
Common Actions in Employment Law
The common lawsuits related to employment law include:
Wage and Hour Lawsuits
Wage and hour litigations are initiated when employees do not get their rightful dues or where employers force employees to work overtime without pay. Wage and hour lawsuits are also common in employee misclassification, where some employers do it intentionally to avoid paying overtime dues.
Employee Discrimination Lawsuits
This occurs if an employee is unlawfully terminated, demoted, or reassigned. The federal and state laws state that employers shouldn’t target their employees unfairly to suppress and abuse their rights.
Aggrieved employees can join forces and initiate a single action against an abusive employer. However, class actions require certain prerequisites which must be satisfied.
Employees should speak out if an employer is infringing on their rights by contacting an employment law attorney in California.