An employment attorney helps businesses comply with labor laws, draft contracts, and resolve workplace disputes. Employers should consult one when facing legal claims, employee conflicts, or compliance concerns.
By Brad Nakase, Attorney
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When problems arise in the workplace, both employers and employees can turn to employment attorneys for guidance. They provide many services, such as helping clients understand state and federal employment laws, making sure businesses follow the law, writing employment contracts, looking into job disputes, and taking legal action when needed.
With that being said, how can you determine when it is appropriate to consult an employment attorney regarding your specific employment-related concerns? In this article, we will explain what an employment attorney is, when you should seek their counsel, and how to choose the best one for your needs.
In the field of employment law, two main subspecialties exist. One kind represents employees in lawsuits (sometimes called employment rights attorneys, federal employment attorneys, or employment discrimination attorneys), while the other side represents employers (sometimes called management attorneys).
Although most employment lawyers take clients on one side or the other, there are a select few who will represent clients on both sides.
When an issue arises in the workplace, an employment lawyer can facilitate communication between management and staff to find a mutually agreeable solution. Knowledge of one’s rights and responsibilities as an employee and employer can be invaluable in the event of a contentious employment dispute over issues such as pay, working conditions, discrimination, or wrongful termination.
An employment lawyer deals with every aspect of employment. That might include issues of discrimination, wage equality, hour allotment, drafting new codes of conduct and employee handbooks, Occupational Safety and Health Act safety concerns, or pretty much anything else pertaining to employment.
Simply put, this type of attorney aids in making sure that businesses follow all applicable employment regulations and treat their employees fairly. An employment lawyer can help you with the following:
1. Provides counsel
Employment attorneys advise clients on their legal rights and obligations under various federal and state statutes pertaining to the workplace, including programs like FMLA and the Americans with Disabilities Act (ADA).
As a result, they are useful in assisting workers in deciding whether to take legal action in the event of a violation of their rights. Additionally, they assist businesses in investigating, negotiating, and resolving claims by providing legal advice to those companies.
2. Negotiates and drafts contracts and workplace manuals
To make sure that workplace safety policies and employee handbooks are in line with labor laws and regulations, legal professionals that specialize in employment issues create and review them.
3. Responsible for drafting and reviewing employment agreements
To make sure the terms of employment contracts and agreements between independent contractors are fair and permissible, these attorneys negotiate, draft, and review them. This necessitates reviewing executive compensation packages, non-compete and non-disclosure agreements, and severance agreements.
4. Provides guidance on independent contractors
Lawyers not only assist employers in drafting agreements for independent contractors, but they also educate contractors on their legal status and any differences between employee and contractor rights.
5. Ensures that regulations are followed
Employers can avoid potential legal trouble by consulting with employment attorneys who can ensure their companies follow all applicable local, state, and federal employment laws and regulations.
6. Facilitates administrative and legal processes
During employment litigation, employment attorneys represent both employers and employees in court. They also appear before boards and agencies that deal with employment matters, including the NLRB, the Department of Labor, and the Equal Employment Opportunity Commission (EEOC).
7. Represents clients in legal matters
Legal representation in court helps settle cases involving discrimination, wrongful termination, harassment, contract violations, wage and hour issues, and other infractions of federal and state labor laws. On top of that, they represent their clients’ best interests when negotiating the possible settlement of legal claims.
8. The value that an employment lawyer can provide to companies
When issues arise with your company or employees, it may be necessary for you to consult with an employment attorney. As part of this process, you may want to consult with an attorney about reviewing your company’s operations to check for compliance with federal and state laws and to identify potential areas of potential legal trouble.
On the other hand, if a problem emerges at work, such as a former employee claiming wrongful termination or sexual harassment, you may wish to consult an attorney. Along the way, it’s smart to keep in touch with a lawyer to make sure your company is on the right track, ask questions, and get clarification.
If you are an employer, here are a few situations in which you might benefit from speaking with an employment attorney:
Consider the following scenario: a former employee has sued your company, alleging age discrimination. You would like to consult with an employment lawyer regarding this matter. Your lawyer will look over the claim, the facts, and the circumstances to see if there’s any way to lessen the impact. If the matter goes to court, your lawyer will be able to advocate for you and assist in resolving the conflict.
Consultation with legal counsel should be considered at the earliest opportunity, whether an employer is seeking to draft documents that comply with applicable laws or is dealing with a complaint from an employee. As an employer, it’s in your best interest to maintain open lines of communication with legal counsel so that you can prepare adequately to defend yourself against any claims, whether they arise now or in the future.
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