What Does an Employment Lawyer Do?

When you are looking for a lawyer to represent you in an employment dispute, consider what an employment attorney can do for you. An employment lawyer is a specialist in employment law, with experience representing both employers and employees. Some of the common issues he or she may handle include Classification issues, Whistleblower protections, and the Cost of an employment lawyer. Read on to learn more about the role of an employment lawyer and what he or she can do for you.

Employers

Employment lawyers help protect employers from potential legal disputes based on employment laws. Different positions require different rules and regulations. For example, a high-quality employee will require different rules regarding overtime and breaks than a lower-level employee. Independent contractors also have specific rules regarding classification. An employment attorney can help employers comply with these rules, so that they can protect their businesses. Here are a few reasons employers should hire a lawyer:

These lawyers can review contracts and agreements. They can also look for any language that may not be legal. They can also warn about language that goes beyond legal requirements. Hiring an attorney can help you avoid costly legal expenses in the future. In addition to reviewing contracts, a lawyer can advise on the proper use of them. In addition, an employment lawyer can help employers avoid costly mistakes. When to hire an employment lawyer? What are the benefits?

Classification issues

Misclassification of workers is a common problem facing both large and small businesses. Misclassification can result in significant liability for both employers and employees. This issue touches on numerous substantive areas of law, including federal tax law, workers compensation, disability and criminal law. It is therefore vital for employers and their wrongful termination attorney to understand the ramifications of misclassification and how to avoid it. This article will explore some of the common issues employers encounter.

A worker’s classification can vary greatly, even within the same industry. Simply stating in a contract that an individual is an employee does not make them so. Businesses that fail to distinguish employees and independent contractors run a significant risk of being sued for discrimination. There are specific criteria for determining whether someone is an employee or an independent contractor, depending on their role and industry. In addition to this, different types of workers can be subject to different taxes and compensation.

Whistleblower protections

New York will soon join other states in providing the broadest protections for whistleblowers in the workplace. Related lawsuits have risen in New Jersey, and employers should expect the same in New York. Recent changes include the inclusion of executive orders as a type of “law,” and they appear to have been motivated by the ongoing COVID-19 pandemic. If you think your employer is violating the law, you should report it!

In addition, the Conscientious Employee Protection Act protects employees who complain, report, or refuse to participate in unlawful practices. These protections do not require you to show that you have actually committed a violation; you only have to believe that it was done with malice. While the most obvious example of unlawful termination is a termination of employment, other forms of adverse action may also be covered. Often, an employee is protected from retaliation if they do report a violation of law.

Cost of hiring an employment lawyer

How much does it cost to hire an employment lawyer? Some employment lawyers charge on an hourly basis. While this may be convenient for a smaller case, or if the employer is willing to negotiate a better employment package, it is not the best option if you’re pursuing a lawsuit. A lawsuit can take years to resolve, and most employees can’t afford to pay hundreds of thousands of dollars for an employment lawyer’s time.

While some employment attorneys are available for contingency fees, the majority of attorneys bill by the hour. The hourly fee range is generally $150 to $350 for a limited scope of representation, like drafting a demand letter. Other attorneys work on contingency, where they charge a percentage of the monetary award if they win the case. These fees are typically charged by the hour, so be sure to ask about them beforehand.