When to Hire an Employment Attorney: A Detailed Guide

The relationship between employers and employees is a complex one. Each party has a set of duties and responsibilities that need to be carried out in order for their relationship to stay in place. If one fails to live up to their end of the bargain, then the relationship can fall apart.

For that reason, employment attorneys are necessary to make sure that employers, employees, and potential employees are all treated properly. If you’re wondering when an employment attorney might be necessary, then you’re in the right place. Read on to find out!

For Employees and Job Seekers:

There are two types of employment attorneys. Some work for employees and potential employees, and others work for employers. In general, attorneys who work for employees are referred to as plaintiff’s lawyers.

Looking for plaintiff’s lawyers like DiPiero Simmons McGinley & Bastress, PLLC will help you narrow down your search for representation.

You Think You Were Denied a Job

Title VII of the Civil Rights Act of 1964 rules when it comes to employment decisions. When an employer posts an ad that they’re seeking employees, they are required to not be discriminatory when it comes to filling that position.

That means an employer cannot refuse to hire someone who is otherwise qualified for the position because they belong to a certain protected class. Protected classes include race, color, religion, gender, pregnancy, national origin, sex, and genetic information. They also cannot refuse to hire someone with a disability who can perform the functions of the job with reasonable accommodations.

Title VII doesn’t just protect job seekers, it protects current employees. Your employer cannot terminate you or refuse to promote you because you’re a member of any protected class or because of your disability. In general, your employer should only make employment decisions based on your qualifications and ability to perform the essential functions of the job.

FMLA Violations

The Family and Medical Leave Act (FMLA) is a federal law that gives employees the right to take time off to care for their family or because of health issues. If your employer doesn’t understand how FMLA works, however, they can be liable for violations.

All employers with at least 50 employees are required to comply with FMLA. Employees who have worked for the company for at least a year in order to be eligible for FMLA. There are specific reasons for which an employer may grant FMLA leave, including serious health conditions of the employee or their family members.

An employee may take up to 12 weeks of leave per year. During that time, the employee must still receive their regular benefits like health insurance. The employer can speak with the employee during their leave, but it cannot interfere with the employee’s leave.

The employer must agree to reinstate the employee to their position or a substantially similar one upon the employee’s return.

FLSA Violations

The Fair Labor Standards Act governs working conditions and minimum wage issues in the employment arena. It is FLSA that stopped child labor and helped establish a federal minimum wage. It also governs when an employee is eligible for things like overtime pay.

If you think that your employer has unlawfully docked your wages or refused to pay out overtime in violation of the FLSA, then it’s important to speak with an attorney in order to explore your legal avenues.

Sexual Harassment

Work is meant to be a safe space for all employees, including both men and women. Unfortunately, many employees find themselves on the receiving end of uncomfortable sexual advances from co-workers and supervisors.

There are two main types of sexual harassment: quid pro quo (this for that) and hostile environment. Both types of sexual harassment are prohibited in all workplaces. In general, employees who think they’re experiencing sexual harassment should be able to report to a supervisor or another person in the organization to help stop the harassment.

Employers cannot fire someone for reporting sexual harassment, and they must take action to stop it. This can include reassigning an employee to another area while they conduct an investigation and reprimanding the offending employees for sexually harassing the complainant.

For Employers:

Hiring and maintaining employees can be a tricky thing. Particularly if you’re considering taking action against employees or a group of employees.

For this reason, many employers seek counsel from an employment attorney when they are going to start laying employees off or when they need to terminate an employee who they feel might fit within a protected class.

Employment attorneys are also necessary when an employee needs to augment the benefits they currently offer such as health insurance or 401ks. Benefits are regulated under federal law, and making any changes can land an employer in hot water. An employment attorney can help make the transaction a much smoother process.

Do You Need an Employment Attorney?

An employment attorney might work for employees, or they might work for an employer. If you’re an employee or job-seeker, you might consider contacting one if you feel like you’ve been discriminated against or your employer hasn’t followed labor laws. If you’re an employer, then you should contact an attorney if you’re making changes to the workplace that have legal implications.

Are you interested in learning more about the legal aspects of running a business? Do you need some tips on making your business a success? Check out the rest of our blog for everything you need to run a thriving business!