The US Department of Labor has several rules governing the rights of workers to fair pay, safe working space, and protection against employment discrimination among others. A number of those rules are enshrined in Article 9 of the Labor Law. Because these laws are numerous, you may not be able to understand everything. But there is someone who can help you.
Employment attorneys have vast experience with a wide range of workplace issues. They can explain both sides of the labor law as it concerns employers and employees. Employees are not the only ones who have rights; employers also need protection for their business. In addition to explaining the tenets of the labor law, when you discover that the employment contract has been breached, it is helpful to talk to an employment attorney.
Top Reasons Employees Should Hire an Employment Attorney
Here are the tops reasons for employees to hire an employment attorney:
1. You Need Professional Counsel on Your Rights and Duties
When you get a job, you want your employer to be honest with you as you are with them. Since you will sign many legal documents, you need legal counsel to protect your rights. For instance, the clause on termination of contract determines whether you are entitled to some money or none if your employer terminates the contract.
The lawyer will help you review every clause on the document and explain what they imply as well as the consequences for you or the employer. This ensures that you are appending your signature with full knowledge of what is required of you to start the new job.
Also, if any problems arise later, the lawyer already knows the documents you signed and how they can assist you. If you are not comfortable with the salary, check out https://hbr.org/ to find out how to negotiate the offer.
2. Your Working Conditions Are Unsafe
The United States Department of Labor clearly states that workers have a right to a safe, healthy working environment. However, if your workplace exposes you to dangerous conditions such as toxic waste, noise pollution, and harmful chemicals, you need to get help as soon as possible. In such cases, employers are expected to provide protection. But if they are negligent of their duties, your risks are high.
An employment attorney will help you to file a claim for compensation if you have suffered damages. This includes money spent on hospital bills, lost wages due to absence from work, and the cost of therapy. They will also help to end the employer’s negligent behavior towards employees and the working environment.
3. You Have Been Treated Unfairly in the Workplace
Apart from unlawful termination of a contract, your employer can mistreat you in other ways. You may be treated differently from other staff members, perhaps due to your nationality, migrant status, or even health condition. In some cases, your boss may just not like you and seizes every opportunity to criticize you.
These forms of mistreatment can result in mental health issues. However, they are hard to prove. Besides, there are laws that guide against discrimination and harassment in the workplace.
However, your lawyer will guide you to gather enough evidence and then file a case if the need arises. You may want to read this article to learn how to protect yourself from toxicity in the workplace.
4. Your Contract Was Wrongfully Terminated
No one wants to experience the pain of losing a job. But if your contract was terminated wrongly, you can file a lawsuit. An employment attorney will handle all the negotiations for you. This helps you to save time so you can focus on getting another job or starting a business. It also reduces the stress of trying to meet top management to plead your cause.
If negotiations are not working, your lawyer may decide to sue the company. This will give your boss the impression that you are out for serious business and should be treated fairly. You will also have peace of mind because a legal team is backing you.
When Should Employers Hire an Employment Attorney?
Your business needs an employment attorney if you have employees or contractors. They could help you in the following ways:
Drafting Workplace Policies
Your workplace must have policies guiding the actions of both the employer and the employees. These policies must be according to the tenets of the Labor Law to avoid penalties. A lawyer can help you draft the policy document to include everything from bonuses, overtime, and vacation to sick leave. This will ensure that your operations are ethical, keeping you on the right side of the law.
Investigating Workers’ Compensation
When a worker sustains an injury on the job, it is the employer’s duty to provide insurance. If the employer does not offer adequate coverage for the worker, they can file a claim for compensation.
When this happens, your lawyer will help you to investigate the employee’s claim to be sure that it is legitimate. They will also ensure that the claims are not bogus to avoid overpaying the employee.
Preparing Severance Packages
Layoffs happen especially when a business is going through tough times. We saw a lot of people lose their jobs during the COVID-19 pandemic as many companies went out of business. Whatever the case may be, you do not want to leave your workers without any form of compensation.
An employment attorney will help you to prepare severance packages to give your workers a soft landing. This ensures that they are happy even though they will be out of a job for a while. It also prevents litigations in the future.
Conclusion
Whether you are an employer or an employee, you need an employment attorney. As an employee, if you have been treated unfairly, keep accurate records of times and dates and take note of witnesses. This will help your attorney if you need to file a lawsuit.
Also, if you are an employer, provide adequate protection for your employees. Ensure there is a handbook that clearly explains the company’s standards and the right channel for reporting cases of discrimination and other complaints.