An employment lawyer is needed to represent a client in negotiations with an employer who has been the subject of an employment complaint. Negotiations between a compromise agreement and the employment termination process may be expected to last several weeks. During this time, many employers will attempt to gain an edge over a client by offering what are considered “hidden benefits” to the employee. One of these benefits is a retroactive pay raise. Often, these are offered without the employee’s knowledge or approval.
An employment lawyer will also review allegations of workplace discrimination for potential violations of the employment fair labor standards act. This act authorizes employers to bar their employees from participating in any activity that would require them to discriminate against individuals based on their sexual orientation, gender, religion, national origin, age, disability, or any other protected class. This protects employees who have been the victims of discrimination on the basis of any protected grounds. In the past, employers could use devious tactics, such as forcing employees to lie about their religious beliefs or making other employees work extra shifts to avoid complaints. Today, the vast majority of claims made against employers are the result of racial, gender, or ethnic discrimination.
Another important area of employment law involves discrimination in recruiting, interviewing, hiring, promotion, and firing. An employment lawyer can help you assert your rights under both the Fair Labor Standards Act and the Americans With Disabilities Act. These acts were enacted to guarantee every employee equal opportunity in the workplace. The United States Department of Labor (USDL) defines the term ‘sex’ as having the same sex, being female, and having attained puberty. The term ‘disability’ refers to any disability which prevents an individual from performing a job, whether the impairment is physical or a disease.
These federal statutes provide examples of types of discrimination that may be considered unlawful. For example, there are several lawsuits that have been filed against businesses for not hiring women or hiring minority applicants. There are also suits that have been brought against restaurants or stores for refusing service to wheelchair bound customers. You can even file a claim for sexual harassment based on any sexual orientation. In addition to these types of lawsuits, employment lawyers also advise their clients for other unlawful acts such as discrimination due to race, age, religion, sexual orientation, or even a disability.
A number of businesses attempt to sidestep legal issues by creating policies which state that discrimination or harassment will not be tolerated. Unfortunately, these policies often become a loophole through which some employees can easily be victimized. A seasoned employment lawyer will be able to help you determine whether or not your company has policies prohibiting discrimination and then challenge the legality of those policies. It is important for you to have an experienced employment lawyer on your side as you can be forced to litigate issues which may be far more complex than you realize. Hiring a lawyer will help you avoid undue stress and headache.
The most common reason why businesses get involved with employment attorneys is to protect their interests. The business community tends to be quite protective of its interests and this helps the company form the right decisions in situations where those decisions may be wise but not necessarily legally sound. For instance, an employer who is considering making a sexual-harassment policy will need the advice of an employment lawyer. These lawyers can help the employer to come up with the right policy and also help the employee deal with potential lawsuits. Hiring experienced attorneys means that you can expect good results and a situation that complies with the law.