
Jalla and another (Appellants) v Shell International Trading (1)
August 19, 2023
How can a sexual offence solicitor help?
August 21, 2023Employment lawyers provide workers with legal assistance for workplace problems that often include allegations of discrimination and harassment.
Workers seeking legal help due to violations by their employer might need legal advice, seeking out an attorney to explain what the law entails and how best to implement its requirements.
Employers should consult an employment attorney prior to making decisions that could have an effect on multiple workers, to avoid costly legal troubles.
Employment Discrimination
Employment discrimination refers to any act that denies an employee their fair treatment in the workplace due to membership in one or more protected classes, including race, gender, sexual orientation, religion, national origin, age, disability, or pregnancy.
To protect employees against employment discrimination the laws include hiring, firing, promotions, job assignments, pay, harassment, and other workplace policies. If employers cannot treat all their employees fairly then an experienced team of Los Angeles sexual harassment lawyers or other employment lawyers should be consulted for help to stop injustice from taking place. You will want to choose an attorney with experience in the area of employment law you are dealing with.
If an employee believes they have been treated unfairly at work, it is vitally important that they act quickly to gather as much evidence as possible.
Physical evidence, emails, text messages and any conversations you believe could be problematic should all be saved as well as keeping notes about conversations or any events you think could be significant, in case your supervisor or manager retaliates against you after making a complaint.
Evidence of employment discrimination can often be difficult to come by as managers and supervisors are trained not to openly state why an adverse employment action was taken against someone; however circumstantial evidence can help support an employment discrimination claim.
Such evidence includes statements or actions which suggest the decision was based on one or more protected classes. You can learn more by clicking the link.
Attorneys also specialize in wage and hour litigation. Workers who feel their employer has not provided them with their wages and overtime are free to file suit under the law, and an attorney can advise them about winning their case and collecting necessary documentation.
Employee Discipline
As an employer, it is crucial to create policies regarding employee discipline. This should clearly outline each step in your disciplinary process and which infractions initiate it – minor ones like tardiness should start at Step One with verbal warnings while major crimes such as theft could involve suspension privileges.
Finally, your policy should clearly state that any employee who feels they have been treated unfairly or violated their rights can appeal the decision.
Keep a record of every time an employee is warned or disciplined – this will come in handy in the event that an employee later files a claim of discrimination or wrongful termination; memories fade over time and testimony provided long after events may not hold up as effectively as written documentation of what actually took place.
An experienced employment lawyer can review not only your company’s disciplinary policy but also the employee handbook to make sure all procedures comply with any relevant laws, such as civil service employee rules and any state or federal regulations regarding discrimination and workplace safety.
They will also look through your personnel records for evidence of prior disciplinary actions taken against employees as well as mitigating factors that should be taken into consideration.
If your business employs unionized workers, an employment attorney can help determine what disciplinary measures are permissible under existing contracts or labor manuals. Most unions have procedures in place before an employee can be disciplined for certain forms of misconduct or insubordination. You can click here to learn more about labor unions.
Wage and Hour Lawsuits
Wage and hour claims have an enormously detrimental impact on employers, whether involving one plaintiff’s claims of hourly rate violations or class actions with multiple claimants. Such lawsuits often require extensive internal documentation and witness interviews, and an employer’s attorneys must be careful that confidential information does not leak out to the plaintiff’s counsel and their lawyers.
Wage and hour claims typically allege violations of both state and federal labor laws that regulate minimum wage, overtime pay, off-the-clock work, record-keeping practices, tip pools, donning/doffing time limits, missed meal/rest breaks, and many other pay practices. You can click the link: https://www.federalregister.gov for more information about laws regarding tip pooling.
A knowledgeable employment lawyer can assist employers in assessing these risks and developing an effective strategy to defend against such lawsuits.
If your employer violates wage and hour laws, you are entitled to recover unpaid wages as well as interest on them and, depending on the severity of their violation, liquidated damages or attorney fees and costs. Furthermore, if they retaliate against you for filing a wage and hour claim against them, compensatory and punitive damages can also be awarded against them.
Wage and hour claims are one of the most frequent forms of employment litigation. You can click the link: https://www.statista.com/statistics/1285428/us-number-low-wage-violation-cases-type/ for more information. Employers may be tempted to attempt to settle these claims to avoid long and costly trials, but to do so successfully requires an experienced team of attorneys familiar with all of the applicable laws governing wage and hour claims.
An experienced legal team can assist employers in developing an effective defense strategy and coordinate the process, such as investigations and preparations, with their overall defense plan. A lawyer may also offer alternative routes of recourse such as filing with state labor departments or engaging in arbitration as a potential resolution method.
An experienced attorney can assist employers in responding to wage and hour lawsuits by reviewing evidence, negotiating settlements with the plaintiff’s counsel, and offering advice about its effect on current and former employees, such as possible risks associated with providing depositions or other discovery to them.
Employment Contracts
Hearing “you’ve been hired” can be one of the greatest joys in life; depending on the company, this could translate to additional money, bonuses, and perks. New employees given employment contracts should take special care to read them through carefully and understand all implications outlined therein before signing anything – if in doubt about anything they read or feel uncomfortable signing, consider reaching out to an employment contract attorney for help before proceeding further.
Employment contracts should clearly outline the terms of an employment relationship, including its duration, length, salary and bonus details, intellectual property concerns, retirement issues, immigration status considerations, compensation provisions, and termination provisions.
Furthermore, they can contain restrictive covenants such as confidentiality clauses, non-solicitation clauses, and non-competition clauses to safeguard employers’ interests in their workplace environment.
Terms of an employment contract can have a substantial impact on a worker’s legal rights when it comes to unfair termination, so it is wise to be informed about these provisions and have your lawyer review an employment contract prior to signing it, particularly when there may be allegations of discrimination or retaliation in connection with termination proceedings.
In cases where an employee contract contains a non-compete clause, it is essential that it meets reasonable time restrictions to protect an employer’s business interests. Furthermore, many employment contracts include confidential or proprietary information clauses which restrict how much of an employer’s data can be utilized after leaving.
Working with an experienced employment lawyer can help both employees and employers have their needs met within the letter of the law.