Are you someone who has been wrongfully aborted from your workplace? Or have you been discriminated against, harassed, or faced a belligerent working environment? If answered yes, you must be wondering about the right process of battling for your rights and holding the employer accountable for the act.
When you’re looking for New Jersey business lawyers with the best resources and experience, you should be concerned about the cost that you may have to pay for the entire procedure. Not only will you benefit by hiring business lawyers but the employer may also find it necessary to hire an employment lawyer. While most employment matters can be handled on your own, there are few particular issues that are too tricky and that need the intervention of a professional.
Employment laws are ever-evolving. As a result, government agencies and courts issue new interpretations of these laws every day. At times, they totally overturn the meaning of the law, much against what laymen had perceived it to be. So, when you don’t know the accurate implications of the respective law, you might end up in big damages that cost you in the long run.
The trick lies in figuring out those critical tasks that you should take to a lawyer. Let’s take a detailed look into the common tasks that an employment lawyer can help you with.
An Employment Lawyer Gives You Consultation on Employment Decisions
According to a law firm, www.s-tlawfirm.com, An attorney helps you with making complex decisions regarding your employees. In case of firing your employees, here’s how a lawyer can help you.
Being an employer, are you concerned that an employer might file a lawsuit against you or sue you? If yes, it’s time to hire a lawyer even before you mail the firing letter to your employee. You may be firing the person for performance issues, misconduct, or even for unacceptable behavior. It is an experienced lawyer who can give you advice on whether or not discontinuing his services can be illegal.
He will also tell you about the measures that you may take to diminish the risks of the lawsuit. Check out the few potential situations when you should definitely seek the help of a lawyer in a firing case:
- When the employee has an oral or written employment contract, according to which, your right to fire is limited.
- When the employee may think that he has a hidden employment contract that restrains your right to fire.
- When the employee has invested in stocks employee benefits, or retirement money that are shortly due.
- When the employee has lately filed a claim or a complaint with some government agency about unethical and inappropriate activity at the workplace.
- When firing that employee could bring about a major overhaul to the demographics of your office.
- When the employee recently declared that he belongs to some protected class.
- When the employee has easy access to the high-level business secrets of the company.
- When the employee denies having committed any of the acts for which you are firing him and this is proved even after an investigation.
An Employment Lawyer Represents in Administrative and Legal Proceedings
Did a present or a former employee sue you? If answered yes, you need to speak with an attorney immediately. It can’t be denied that employment lawsuits can get scary. Unless you act out instantly, your rights might not be protected. The usual time limits given during such cases are rather too short and several courts demand you to file a legal or formal response to a legal lawsuit within a few weeks. So, as soon as you obtain a lawsuit, hire a lawyer.
COMPLAINTS AND CLAIMS
There are times when a former or a current employee starts off with some adversarial process that is a little less than a lawsuit. A worker may file a charge of harassment, retaliation, or discrimination with the U.S. Equal Employment Opportunity Commission or a state agency. Also, an employee may appeal that the employer denied paying unemployment benefits.
These are few such situations where you need to seek the help of a lawyer. Though there are many employers that can tackle such administrative issues on their own, most could benefit from the legal intervention and expert resources of a lawyer.
An Employment Lawyer Helps in Reviewing Documents
AGREEMENTS & CONTRACTS– An employment attorney can quickly check through all employment-related agreements which you use with your employees. Few examples of such documents are severance agreements, employment contracts, or releases. They have the knowledge required to check if the documents contain all the important legal terms. In case there is the inclusion of any language that could lead to discrepancies, later on, the lawyer will draw your attention towards it.
HANDBOOKS & POLICIES– The lawyer may also give a thorough look at your personnel policies and employee handbook. He can ensure that the policies are not such that they could violate laws regarding final paychecks, overtime pay, family leave, or occupational safety. A lawyer should give you recommendations of additional policies.
An Employment Lawyer Offers an Edge
Once you get the help of an employment lawyer, you’ll get that much-desired edge because you’ll have that professional assistance who will only keep your best interests in mind. All employers in New Jersey will certainly have their employment and business lawyers protecting them. In the case of bigger companies, they may even have a full team of lawyers to support them.
So, now that you know how an employment lawyer helps you deal with complex cases, you must know how to choose one. As there are many attorneys in the industry, it is vital to choose the cream of the crop. He should be focused specifically on employment law in order to become eligible for hire. You should perform a background check to know whether or not he is a member of the State Bar. He should also have specific experience in dealing with business cases rather than in other cases.