Whether you are an employer or an employee, you may need Employment Law advice at some point. Legal concerns and disputes can arise at any stage of the employment relationship, from interviewing or hiring, through an employee’s tenure, up to and including a termination (or “layoff”).
Employees should consider retaining an attorney for representation as soon as they believe they have a wrongful termination claim or a claim for discrimination, harassment, unpaid wages or overtime, or violations of other workplace laws. An attorney can help ensure the legal action is properly filed before applicable deadlines pass and can assist with negotiating a fair resolution of the dispute.
Employers should seek legal advice for any decision that could impact a large number of employees, such as changes to benefits or a company layoff. A lawyer can help ensure that such decisions do not violate federal or state laws regarding severance pay, family and medical leave, final paychecks, wage and hour requirements, or occupational safety and health issues. In addition, employers should consult a lawyer before classifying certain positions as exempt or non-exempt, labeling workers independent contractors instead of employees, or making other classification mistakes that can cost the company thousands of dollars in back pay and penalties.
A good place to start looking for an attorney is to ask colleagues and friends, or use an online referral service such as the one run by the National Employment Lawyers Association (NELA). Most attorneys also have websites, which should provide detailed information about the attorney and her practice, including representative cases, education and background, and other legal experience. Employment Law advice
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