How to Know When You Should Hire an Employment Attorney


by Contributor

(Jun. 5, 2019) — It can be difficult to know when it would be best to hire an employment attorney. Find out how to know when you should hire one here.

Employees only win 1 percent of Federal Civil Rights lawsuits at trial.

Employment-related issues such as wrongful termination, harassment or discrimination, workplace health and safety, and wages and benefits disagreements often result in employment disputes between workers and their employers.

To ensure that each party gets their due, an employment lawyer is necessary. An attorney will analyze the merits of a complaint and will advise you on the best course of action.

Employment law is a broad and complex topic. Moreover, it is constantly changing. As such, knowing whether your claim is justified or not is not straightforward. This is why you need the guidance of a professional.

This article will discuss how to know when you should hire an employment attorney.

Who is an Employment Attorney?

An employment lawyer is a type of attorney that specializes in advising both employers and employees on federal and state employment laws.

They make sure that employees are treated fairly and that employers are always in compliance with all workplace laws.

When to Consider Getting an Employment Lawyer

If you are an employee, you should consider getting an employment attorney for various reasons. A lawyer will be especially helpful in the following circumstances.

  1. Evaluating Your Employment Contract

Whether you are getting started on a new job, or as renegotiating your current contract, it is always wise to have an employment lawyer review the proposed contract.

They will be able to spot inconsistencies or agreements that you might want to reconsider.

  1. Timely Filing Your EEOC Discrimination Complaint

If you happen to have a claim against your boss concerning discrimination, the law mandates that you file a workplace discrimination complaint within 180 days.

Even though it is possible for you to file it yourself, having a lawyer guide you through the process gives you the best chance for getting the desired outcome.

This is because the lawyer will take you through what allegations and details you should include, in addition to relieving you of the stress of ensuring that the form is appropriately and completely filled.

They also ensure that you file within the required window. Failing to do so within the stipulated time can see to you getting barred from suing the employer entirely.

  1. When you Need Representation 

While there are chances that your case might have to end up in the hands of a jury, it may have to sit in mediation or arbitration for a significant period.

Nonetheless, most people think that they are saving money by representing themselves.

However, you need to remember that the party you are going up against will probably have professional counsel. They will use their knowledge and experience to one-up you in the courtroom, regardless of how sincere your claims are.

Having an employment attorney by your side will ensure that you do not fall for any traps the opposition might set for you. They do this by preparing you on how to conduct yourself as well as what you should avoid saying.

They will also let you know when to consider a deal that has been proposed by the other party.

  1. Negotiating a Settlement With the Employer

At times, the dispute might result in a lot of bad blood between you and your employer.

In such cases, speaking to them or their attorneys candidly might be difficult due to the emotions involved. As such, you should have your employment lawyer speak to your employer.

They are in a better position to dispassionately negotiate a settlement with your employer.

  1. When You Are Not Sure Whether to Pursue a Case or Not

Sometimes, even if a workplace violation such as firing might feel unwarranted, it might be within the employer’s legal limits.

Thus, instead of taking a case to court only to realize that their actions were legal, you should first seek out the opinion of an employment lawyer.

This will save you unnecessary costs. Also, even if you do not have a winning legal claim, your lawyer will advise you on the other options that you might want to consider.

How to Find an Employment Attorney

While there are a lot of employment attorneys out there, it is best to do your research so you can find one with a track record of delivering the desired results, such as Cary Kane.

To do this, you may start by asking for referrals from family and friends, especially those that have been through your current experience.

If you have an attorney for other matters, you can ask for their recommendation for a reliable employment lawyer. You can also check with local legal aid clinics or bar associations.

How Much Does an Employment Lawyer Charge?

The costs involved in pursuing an employment case vary between states as well as between lawyers. This is because employment law is specific to each state.

Nonetheless, the majority of employment lawyers typically charge a small consultation fee for the first meeting.

After reviewing the nature of your claim, they may then propose a variety of fee structures. These may include an hourly rate, contingency basis, or monetary advance.

Nevertheless, it is crucial that you clarify the fee arrangement with your lawyer up front. This will ensure that you do not have misunderstandings later on.

What to Expect

For starters, you can expect the dissatisfaction that you are having to start being worked on. Often, after filing a complaint and winning, compensation usually follows.

Sometimes the claim is not usually about seeking compensation. For example, if you are just looking to keep your job.

Your employment attorney will work to ensure that you get what you are looking for. They will also be realistic about your situation so that you do not pursue something that is not likely to yield the results you are looking for.

Additionally, an employment attorney can resolve your issues out of court, allowing both parties to save time and money.

Are your rights being violated? Hiring an employment lawyer is the best course of action to win your case as they are aware of all the laws and procedures. Do not hesitate to contact one today.

One Response to "How to Know When You Should Hire an Employment Attorney"

  1. Robert Laity   Thursday, June 6, 2019 at 4:04 AM

    In the Federal sector Administrative processes must be exhausted prior to taking a matter of employment discrimination up in a federal court. EEO Complaints in the Federal sector allow only 30 days to file with an EEO Counselor and 45 days to file with the U.S. Merit Systems Protection Board. There are basic discrimination cases which involve discrimination based on such things as race,gender,age,disability,et al. There is also an anti-retaliation basis when one is retaliated against for engaging in protected EEO activity. When one is wrongfully terminated or is given a suspension of 15 days or more, that opens the M.S.P.B. process to a federal employee. These are called adverse actions. There are also prohibited personnel practices. When one has both a discriminatory basis and has suffered an adverse action or PPP in tandem with discrimination, one may file what is called either a “Mixed Case complaint” with the EEOC or a “Mixed case appeal” to the MSPB. Federal unions do not routinely represent employees in such statutory appeals in the administrative process. However, one does not actually need an attorney until such time as the case reached the judicial level (after all administrative processes are exhausted). That said, many employees may want to get an attorney anyway since their union will not help them, unless their collective bargaining agreement negotiated such a provision. There are individuals available who are not attorneys, who never-the-less are perspicacious in the statutory appeals process. I am one of those people. Federal regulations do not require that a designated representative be an attorney. I have represented scores of federal employees for (42) years. I can, by law, take no pay. My point here is, that most employees cannot afford the services of an attorney at the rates some of them charge. Seeking out a statutory appeals specialist is an alternative to hiring a lawyer, until such time as said case is ripe for appeal to the courts.

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.