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How an employment attorney can help the employee …

How a lawyer can help ...

Do you need an attorney for a work-related dispute or problem? Employment law is a complicated mixture of codes, procedures, rulings, and regulations that govern employer-employee relationships (overtime, family leave, minimum wage, working conditions, workers’ compensation laws, discrimination, wrongful termination, privacy, etc.). If you feel you were wrongfully fired or were treated unfairly in an employee evaluation or review, for example, you may want to consult a lawyer to determine your rights.

An employment attorney can help the employee …

  1. Assess legal rights. An employment attorney can help you determine whether or not your rights have been violated, the relative strengths and weaknesses of your claim(s), and the legal risks of filing suit, as well as the possibility of recovering damages or reinstatement after termination.
  2. By acting as legal coach. If you can handle the issue on your own, consider using a lawyer who is qualified to provide the advice you need in that area of law. Your attorney can, for a modest fee: (1) explain what laws work best for you, (2) how to enforce your rights, (3) advise you on the merits of your claim, (4) give you feedback on the specific court procedures where your case may be heard, (5) alert you to any problem areas, (6) suggest evidence that will be useful to your claim, and/or (7) draft or review paperwork. If you cannot write or speak English, you need to hire an attorney.
  3. Negotiate. A labor law attorney is a professional and can deal with the strategic points of your claim and approach your employer as your advocate. The attorney can help you finalize any settlement of the dispute or draw up a settlement agreement.
  4. By making a phone call. Your attorney can handle all communications with the other party, including phone calls. This reduces your exposure to the risks and unpleasantness of dealing with the other party on your own. While your attorney is your advocate, he or she is also an outsider to your conflict, making it possible to see both sides and possible win-win resolutions to your problem.
  5. By drafting a lawyer’s letter. A simple letter from your attorney on law firm letterhead representing your interest may be the only thing you need to resolve your dispute. At the very least, it puts the recipient on notice that there is a problem that needs attention and that you are serious and prepared to take the matter further.
  6. Initiate legal action in the appropriate court. If your dispute can’t be settled on an informal basis, you may take your case to court. You would be wise to hire a lawyer at this point.