When Are Employers Required To Hire an Employment Lawyer?

 The relationship between the employee and the employer is subject to a range of legal restrictions and requirements. Employment acts as a contractual matter between an employer and their employees and it is vital that employers understand their obligations and rights under these contracts. State, federal and local laws also impose obligations on employers concerning matters like discrimination, wages, harassment, hours of work. Employment lawyers of reliable employment law firms like Shegerian Conniff can advise an employer on handling the distinct kinds of workplace legal issues and offer representation in legal proceedings in case a dispute arises.


When should employers hire an employment lawyer?
Selecting the best employment lawyer for an employer depends on why they need legal representation. At times, an employer requires an employment lawyer to save themselves from future legal problems like ensuring that their employment policies and contracts comply with the applicable laws. It becomes necessary to have an employment lawyer in case a dispute takes places with a former or current employee.

Setting up of Employment Policies
Employers need to retain an employment lawyer in order to help them develop policies for employment. Generally, this should happen before the employer hires any regular employees. An employment attorney can help in drafting employment contracts and offer advice to the employer on the practices and policies they require. They can also create a handbook containing the policies of the employer and other vital information that the employees require.

Assistance with hiring, firing, and other employment related decisions
A lot of U.S. states have laws on ‘at-will employment’ that allows employers to fire employees for any reason as long as it does not violate the law. Laws that are against employment discrimination prohibit the firing of employees owing to factors like religion, sex, disability or religion. These laws at the federal level include the including:

  • The Genetic Information Nondiscrimination Act
  • The Americans with Disabilities Act
  • Title VII of the Civil Rights Act of 1964
  • The Age Discrimination in Employment Act
The above mentioned laws also prohibit discrimination in promotions, assigning of job duties, hiring and other features of employment that are based on categories. A lot of states are equipped with their own laws on antidiscrimination that offer even bigger protection.

Defending against an employee lawsuit or complaint 
Current employees as well as former employees are equipped with multiple options when it comes to asserting claims for alleged harassment, violations of wage and hour laws, discrimination and other matters. They can file an administrative complaint with the Wage and Hour Division of the U.S. Department of Labor, Equal Employment Opportunity Commission or other state and federal agencies. Relying on the kind of claim, they might be able to file a lawsuit in federal or state court. An employment litigator advises an employer on their rights in the administrative or judicial process and can also provide representation to the employer in proceedings of the court and settlement negotiations.

  • Health benefits, including group health insurance plans
  • Retirement benefits like participation in an IRA or 401(k) plan





 

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