When Does An Employee Need An Employment Lawyer?

Employment contracts are at the heart of every working employment relationship. This legally binding agreement establishes an employee’s consent and agreement to provide a service to an employer in exchange for compensation. 

Apart from the contract, the employer-employee relationship is also heavily regulated by a plethora of laws. Combining all this, the chances of workplace disputes, damages, and liabilities occurring are very high. 

When this happens (regardless of which end of the contract you’re on), it’s a good time to ask yourself the question: do I need an employment lawyer?

Continue reading to find out what these legal professionals do and learn once and for all when to get an employment lawyer.

What Do Employment Lawyers Do?

Generally speaking, an employment lawyer deals with numerous aspects of employment, such as wage issues, safety issues, discrimination, and everything in between. They can help clarify to an employee whether their rights have been violated in any way and if pursuing legal action is viable and worthwhile. 

As stated earlier, due to the complexity of labor laws, an employer could have knowingly or unknowingly broken any of these laws, which is exactly why would you need an employment lawyer if you think your rights have been violated.

On the other side of the spectrum, some employment lawyers focus on defending the interests of employers. 

When To Get An Employment Lawyer?

If you’re wondering ”do I need an employment lawyer”, you’re not alone. Many start thinking about this question when push comes to shove and are looking to pursue legal action. Yet, it doesn’t hurt to have an employment lawyer in your contact list at every step of the employment process. 

Here’s when the services of a legal employment lawyer are necessary:

1. Before signing the employment contract

Contracts and employment policies are often complex, and without proper attention, leave the doors open to legal problems for both sides. On one side, employers need to make sure work-related documentation limits their legal risk. At the same time, employees need to have a clear understanding of all the terms and conditions of employment and which policies they’re bound by.

Take an average employment contract as an example. Although employers underestimate the value of an expertly-written contract, workers often sign agreements that impose unreasonable obligations or lock them in unfavorable terms. 

You can easily avoid these situations by having an employment lawyer help you with drafting or reviewing employment documentation. This serves the purpose of clearing up any confusion and helps avoid any misunderstanding, and can ultimately minimize the chance of costly workplace disputes. 

Another reason why employees should hire legal counsel early is if they feel a prospective employer has violated their rights or discriminated against them during the hiring process. Employers, on the other hand, can benefit from an employment lawyer by restructuring the interview practices to reduce their company’s legal risk. 

2. During employment

When the working relationship is in full effect, many employment issues can creep up, such as:

• Workplace safety issues 
• Employee injuries
• Human rights violations
• Workplace harassment and bullying
• Layoffs
• Illegal changes and breaches of the employment contract
• Non-compliance with employment standards

In most cases, these problems aren’t straightforward as some legal obligations of both parties aren’t explicit. It’s not uncommon for these to be just an implied term of employment or a requirement of a statute. 

If you believe you have grounds to pursue action for a workplace violation, you should first seek advice from an employment lawyer.

3. When employment ends

An employment relationship can end for many legitimate reasons, in which case an employee is required to provide a notice of resignation. Yet, not every termination of employment is voluntary.

For instance, if a manager or some chief executive modifies an employee’s fundamental terms of employment without their consent or tries to force them to resign, the employee has the grounds to file a lawsuit. 

Keep in mind that a real-life situation may not (and likely won’t) be as simple. Since Florida is an at-will employment state, an employer has the right to terminate a member of the staff at any time for whatever reasons, as long as it’s not illegal. The reasons for wrongful termination could include things such as retaliation or discrimination of any kind. 

Wrongful termination can be hard to prove, which is why a legal professional may need to gather evidence from witnesses, as well as check business records and employment documents to find a way to substantiate your claim. 

Is An Employment Lawyer Worth The Price?

Now that you know when to get an employment lawyer, it’s worth answering the question - is it worth it?

The answer can be tricky as the cost-benefit of legal representation in employment matters depends on your unique circumstances. For relatively simple situations such as going over a contract, a consultation with a lawyer may suffice. In cases where the employer is in clear violation of their employees’ rights, hiring a lawyer to provide legal advice and assist with complex legal proceedings is the way to go. 

In fact, if the case is solid, a lawyer can negotiate with the employer and ask them for a monetary contribution towards the employee’s legal fees incurred in the process. If the case goes to court, you can also seek compensation for the legal costs, along with the damages you may recover.

Some lawyers also work on a contingency basis (no up-front costs), which helps minimize the immediate cost. With this arrangement, employees can pursue legal action while the employment lawyer will only take a percentage of the settlement if the case is successful. 

Justice In The Workplace

If you have the funds, you don’t need to debate when to get an employment attorney, as you can benefit from their services during all stages of the employment process. 

Because an employment lawyer is an expert in the intricacies of workplace disputes, they’ll know the best way in which to respond to an employer’s action and help address any issues that creep up along the way.

In the end, advice from a legal professional will ensure your rights stay protected and that you always reach a desired outcome in a work-related dispute.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.