Four Situations That Warrant Hiring An Employment Lawyer If You Are An Employee
Employment lawyers are legal professionals who specialize in matters of employment. As a result, their services are beneficial to both employees and their employers. The state and federal employment laws are often written in complex legal terms, and thus, it can be difficult for an employee or employer to interpret the laws accordingly. For this reason, hiring an employment lawyer is highly recommended for both employees and employers alike.
However, employment lawyers provide a variety of services in addition to interpreting employment laws. Thus, there are various other situations where an employee may need the services of an employment lawyer.
With that in mind, here are four situations that warrant hiring an employment lawyer as an employee.
Sometimes, when an employee gets laid off for one reason or the other, they might feel as if they have been wrongfully terminated. According to employment laws, an employer should not fire an employee without a good enough reason that warrants terminating the employee's employment.
Thus, if you suspect your employment has been terminated without just cause, you are advised to seek the counsel of an employment lawyer. An employment lawyer can gather sufficient evidence against your employer and present your case in court.
Additionally, the lawyer can present your case in court, and, hopefully, convince the court of your unlawful termination and sway the court to rule in your favor. If the court rules in your favor, an employer will have to compensate you in back pay and reinstate your employment.
Work Place Discrimination
Workplace discrimination is the less favorable treatment of some employees based on their gender, religion, nationality, sexual orientation, or even race. This discrimination is against the law.
If you feel you are being discriminated against in the workplace by your employer or co-workers, you should have an employment lawyer look into the matter. An employment lawyer will gather evidence to prove that you have indeed been discriminated against. Then they will help you file a complaint with the Equal Employment Opportunity Commission (EEOC).
The EEOC is the body that oversees the enforcement of federal laws against workplace discrimination. With the aid of an employment lawyer and the EEOC, you have three options:
• conduct further investigations into the matter
• settle the matter out of court
• file a lawsuit against your employer
Sexual harassment typically refers to any unwarranted advances, requests, or remarks of a sexual nature that you may encounter in the workplace, either from your employer or other employees. Additionally, it is essential to note that sexual harassment can also be physical, like an employer sexually touching you without your consent.
If you are a victim of sexual harassment in the workplace, you should hire an employment lawyer to represent your case.
In most cases, if an employer is found guilty of sexual harassment, they will usually be ordered by a court of law to compensate the victim. Additionally, depending on the nature of the sexual harassment, an employer may even face a jail term in addition to providing you with compensation.
Retaliation from an Employer
Sometimes, when employees report their employers for conducting illegal or unethical practices, an employer may decide to retaliate against the whistle-blowing employee. Examples of employer retaliation may include demotion, employment termination, denying benefits, etc.
According to the EEOC laws, employees are protected from retaliation by employees under the protected activity act. These laws prevent employers from discriminating, firing, or retaliating in any way against employees who report their unethical or illegal practices.
Thus, if you have reported your employer to HR or the authorities and they have taken retaliation measures against you, it is time to get an employment lawyer.
Contact an employment lawyer in your area for more information.