Employees have certain rights that the employer needs to fulfill. Also, employers have to make sure that the employees are not exploiting their rights to avoid tasks or gain some bucks. In both cases, labor law or employment law helps.
This law is designed to protect the rights of employees as well as employers. To get the best out of the situaiton, you have to take the help of a labor lawyer, whether you’re an employer or employee.
Who are Labor Lawyers?
Labor lawyers are lawyers specialized in laws regarding employment. They study and practice in this field and help employers and employees earn their best interest based on employment law or labor law. Mostly they handle issues like wrongful termination, harassment, and Family Medical Leave Act. But they have to deal with many other issues too.
What do Labor Lawyers Do?
Resolving issues regarding employment is a vast concept. Let’s try to dig deeper to have a closer look at what labor lawyers typically do.
Establishing Employment Policy
Each company has an employment policy under which the employees are treated and benefitted. Maintaining the core issues of employment law, companies can establish a policy of their own. Labor lawyers help companies in this case.
They make sure that the employment policies don’t disrespect employment law.
Checking Employment Agreements
Lawyers working for employers help establish agreements for the employees. On the other hand, lawyers hired by employees help them check the agreement before signing. This protects the employee from being exploited by the employer in the future.
Investigating Charges
Such lawyers investigate any charge about compensation issues, wrongful terminations, workplace discrimination, etc., to make sure if such an incident happens. An investigation is a big part of protecting clients’ rights. So, they do this for the best interest of their clients, either employers or employees.
Collecting Evidence
Evidence is the most important thing to collect and protect if any issue arises. It helps to differentiate right from wrong and find the party at fault.
While investigating, they collect, protect, and use evidence to help their clients get proper legal support. Also, they help clients to identify and collect evidence if they can’t do it themselves.
Handle Negotiation
In many cases, the issue is handled through out-of-court negotiation. This can be a good option for both parties as they can avoid court hassles. However, the other party may have plans to negotiate for less.
In such situations, a legal assistant can help their client by ensuring the other party doesn’t manipulate anything.
Representing in Court
If the case reaches the court somehow, labor attorneys represent their clients there. Representing in court means doing anything legal in the court to protect the client’s best interest.
Lawyers can’t represent clients in court directly, but attorneys can.
Guiding through the Process
To fix any dispute, there is a legal process to follow. Lawyers help clients to follow the process by guiding them through it. They keep suggesting what to do until the case is closed.
Legal processes are complex for regular people. So, a lawyer’s help is required.
When to Hire a Labor Lawyer?
Labor lawyers can help you in many ways, whether you’re an employer or an employee. Here are some of the most common circumstances demanding you to hire a legal professional to receive support regarding employment law.
If you’re an employer
Employers need to hire legal support regarding employment in many cases. Some of them are-
- If any employee files harassment or discrimination cases against you or your company.
- If there is any collective negotiating situation, for example- an overtime discussion with the labor union.
- In case the organization plans to lessen employee benefits.
- In case your organization plans to change employee benefits and plans.
- When you’re going to design employment policy and employment agreement.
If you’re an Employee
Employees also need such lawyers in most cases. Some of the most common cases are-
- If you find or assume you’re being discriminated against in your workplace.
- If anyone in your workplace harasses you, but management doesn’t solve it.
- If you think any agreement from your employer or potential employer doesn’t protect your rights as an employee.
- If you think you’re illegally fired from your workplace.
- In case you start receiving lesser benefits from the company than previous.
- You can take help from a lawyer if your employer forces you to sign any contract that breaches your interest.
In a word, if you think you’re being exploited through unlawful actions, you can take help from a labor attorney to take necessary actions against it.
The Process to Hire the Best Labor Lawyer for Your Situation
Hiring the best lawyer undoubtedly helps you get the best benefit from the negotiation or lawsuit. So, you should be very cautious while hiring someone for this. I suggest the process below when someone asks me about hiring a lawyer or attorney.
Step 1- Find Out Available Options
You should first focus on finding the best lawyers who practice labor and employment law. Your friends and family can suggest you some. Also, you may check out your local bar community for suggestions.
The most common way of getting suggestions is by asking search engines. They suggest the best labor lawyers around you from whom you can take help. Try this way too.
List around 14-15 names to jump to the next step.
Step 2- Evaluation
Now, you’ll evaluate the options in your list based on available information online. They must have some kind of online presence, either website or social media account. Check the platforms to get some idea about how they work, the types of cases they handle, their success rate in employment cases, and more.
Also, visit service review websites and search for them. You’ll find unbiased reviews from previous clients there. This helps you a lot to have a better idea about them.
Based on the research, rank them and pick the top 4-5 names for the next step.
Step 3- Direct Communication
It’s time to communicate with them directly. Contact your top 4-5 choices and describe your situation briefly. Book a schedule for a face-to-face meeting. Some of them offer free consultancy for the first time. Grab such opportunities.
In the meeting, describe your situation and ask what you can do. Ask for suggestions about your next possible step. Also, discuss their previous cases of a similar situation. This helps you to understand their approach.
Also, discuss their fee. The fee is important to discuss as it helps you make proper decisions. Also, ask if there is any sort of financial help available.
Thus, meet all 4-5 you’ve picked.
Step 4- Picking One
After meeting everyone, it’s time to pick one.
When selecting one, communication skills are a must. Such skills help lawyers in many ways. So, this should be a priority. Also, experience is something you shouldn’t avoid. Pick someone who is experienced specifically in your scenario.
You may want to pick someone within your budget, but don’t compromise communication skills and experience for that. These two things will help you more than anything else.
Pick someone considering all these factors.
Following this process, you can get one of the best possible legal support regarding labor or employment law.
Mistakes to Avoid While Hiring a Labor Lawyer?
No background researches
Background research helps you to identify the capability of lawyers and know if they can help you in that specific matter. So, before selecting them for a face-to-face meeting, you must do some background research.
People often make the mistake of not conducting any research on the lawyer they pick. Such a mistake doesn’t bring a good output in most cases.
Not discussing fees
As lawyer’s fee plays an important role in selecting the person you want to work with, discussing money is essential. Besides preventing you from choosing the right lawyer, this mistake may take you to an unwanted situation while making payment.
Don’t forget to discuss the terms and conditions of fees too.
Not discussing responsibilities
Before hiring some legal assistance, discussing the responsibilities is important. You should know exactly what they’ll do for you in exchange for the fees you’re paying. Also, know what they can do for you for an added amount.
Lawyers can help you with everything regarding your issue, but most of them don’t do it for the fee you pay. To make their fee seem reasonable, they cut the services they offer. So, not discussing the responsibilities is a huge mistake you don’t want to make.
Not asking questions
Asking questions is common as you have many things to know. So, don’t miss asking questions.
Not asking questions always leads to unavoidable and unsatisfactory situations for both you and the attorneys. Also, it doesn’t allow you to understand the situation perfectly. Thus, not asking questions is a terrible mistake most people make when hiring a lawyer.
Choosing someone ensuring a specific outcome
A legal process is never straightforward. It may come up with any outcome, no matter how strong your evidence is. The situation changes with time. Thus, the possible outcome changes anytime.
Most people make the mistake of selecting a lawyer who guarantees a specific outcome. Nothing is guaranteed. Most lawyers who assure a specific outcome without checking your evidence and assessing your situation are not the people you should hire.
How much do Labor Attorneys Cost?
Calculating the cost of hiring a labor attorney varies on several things. But let’s know the types of fees they may charge.
If your case is associated with receiving compensation, there is a huge chance that you can negotiate the fee based on a contingency structure. In this structure, you’ll pay the fee only if you receive the compensation. Here, you’ll have to pay a portion of the compensation amount, most probably 25%-40% of the total amount.
Some may ask for an hourly fee. Here you need to make payment based on the number of hours they work for you. The typical hourly fee for labor lawyers is around $150-$350.
Also, you may have to pay based on a one-time flat fee method. In this flat fee approach, you may have to pay around $1,200-$2,500.
The amount you need to spend on them varies based on many factors. Experience is one of the main issues. Attorneys experienced in cases like yours ask for a higher charge, sometimes higher than the typical amount.
Other factors affecting the fee are your situation, availability of evidence, the city you live in, and many more.
Visit us more to Know more about: Top Guardianship Lawyer
Frequently Asked Questions (FAQ)
Is hiring legal support for labor lawsuits mandatory?
The court doesn’t require you to hire a lawyer for such a lawsuit. So, you may hire one or handle the case alone. It is not mandatory.
However, hiring legal support is always recommended, as you may lose track during the lawsuit. Legal terms are complex, and so are legal processes. Thus, having someone experienced by your side always pays you back.
Besides, your opposition must have some lawyer with them. So, having a lawyer helps you with the best outcome.
What shouldn’t I tell my lawyer?
Never think of hiding something from your lawyer. You should tell them everything that is related to the case. Even if you have some attachment to faults, don’t hide them.
Knowing everything helps lawyers to design an effective strategy. The truth will come out in court. So, it is always better not to hide anything from your lawyer.
Should I think of a conflict of interest in this case?
Yes, you must think of it while picking a lawyer. If you work for a big company, you must know the lawyers offering legal support to your company. Avoid them when you’re picking a lawyer to fight against the company.
If you don’t know your employer’s lawyers, don’t worry. Ask them if they work for your company when you meet them face to face. Be a bit tricky. Thus, ensure that there is no conflict of interest.