6 Situations In Which Employees Require The Services Of An Employment Lawyer

In this day and age, employees are protected with their own sets of rights. However, many of them, unfortunately, are unsure of their rights as employees and go back and forth on whether to reach out to an employment lawyer for advice when a workplace problem arises.

For instance, let’s say you live in California and you have been experiencing problems with some form of mistreatment and discrimination in the workplace. In this case, you may need to get in touch with experienced legal professionals such as California Employment Counsel, APC who can explain your rights and options, and provide you with peace of mind while they focus on recovering any compensation you may be entitled to.

In this article, we will look at certain situations when employees need an employment lawyer who will work in their best interest.

When Getting Laid Off

Believe it or not, most people who are let go from work are not offered a fair severance package.

Whether it’s about being laid off due to lack of work or due to personal reasons or dismissal, you have certain rights as an employee. An experienced and qualified employment law firm, such as the Law Office of Omid Nosrati will negotiate with your employer to reclaim your job or get a better offer and more money upon termination. If necessary, they can also help you sue for damages and represent you in court.

Additionally, if there is a clause in the employment contract, restricting employees’ severance or termination pay, an employment lawyer will look into it and determine if they are valid or even legal, and get the severance pay that the employee is entitled to.

When Signing An Employment Contract

Before you start working at a company, you must sign an employment contract which is a legal document that governs the relationship between you and the employer. It outlines everything from your hours of work, the employment terms, and compensation, to other important workplace policies and rules.

When you land a new job, your compensation and vacation might be the two points you’re most interested in reviewing but some employment contracts tend to have clauses that can allow your employer to make changes, let you go without severance pay, or terminate your contract without your consent.

Therefore, it’s recommended to get in touch with a reputable employment lawyer who can review and assist you with questions regarding various employment law contracts and unclear clauses. An employment lawyer can identify any areas of concern and negotiate changes to the contract to make it more beneficial to you.

Workplace Retaliation 

All employees are protected by laws that prohibit employers from harassing and disciplining employees who participate in any complaint process, which can have a detrimental effect on the employee's career path or professional advancement within the company, or even on the employee's reputation and how the employee is perceived by the company's leadership.

These processes include but aren’t limited to reporting harassment, not following discriminatory orders, giving testimony in any government lawsuit against the employer, protecting another employee from sexual advances, and much more.

When Your Employer Does Not Respect Your Rights

Unfortunately, employer breaches of employment law standards and poor treatment of employees are quite common. This includes employees not being paid overtime, an employer who fails to follow important health and safety regulations, denies sick leave or leaves of absence, and refuses pregnancy or parental leave entitlement.

If your employer happens to ignore company policies and does not follow the law, an employment lawyer can help you by offering confidential advice on your rights.

In addition, people who apply for jobs also enjoy certain rights, even though they’re not technically employees. They shall in no way be discriminated against based on their religion, gender, race, or age during the hiring process.

When Dealing With Workplace Harassment

Everyone is entitled to a safe, healthy, and supportive work environment and if you’re being harassed, whether physically or verbally, you should immediately submit a statement in the form of an email to inform the organization’s HR department or top management of the harassment in writing. Once they are informed about the mistreatment, they have a legal obligation to take action and address the situation.

If they fail to do anything, an employment lawyer can help you explore your legal options and remedy the situation.

Wage And Hour Disputes

Employers, as we know, must pay their employees a minimum wage and they are not allowed to withhold wages that employees have earned.

If your employer is withholding your pay, you should contact an employment lawyer who will explain your rights and what you should do next. Overtime pay might also be something you’re qualified to receive. A lawyer will look at your employment classification and determine whether you have the right to overtime pay if you’ve worked over a certain number of hours each week.

Conclusion

Knowing your fundamental employee rights is essential if you want to feel safe and protected. If at some point you feel or know your rights have been violated on the job, there are certain steps you can take to protect them. The first step is contacting a professional legal expert to guide you in the process and help you with any employment issues you are facing.