Some workplace issues may be unfair, but that does not mean that they are illegal. Some problems can be resolved by talking to a superior or going to the Human Resources (HR) department. However, with other issues the worker may need to hire an employment lawyer to be solve it. If someone’s situation calls for it, knowing how an employment lawyer can help can make the situation more manageable for the worker.
Employment lawyers focus on laws relating to the workplace. These lawyers are necessary because various state and federal laws regulate the employee-employer relationship and other workplace happenings. There have also been court cases throughout history that have set precedents for interpretating these laws, which makes employment lawyers even more critical. The average person is not likely to know or be able to easily find pertinent legal information when they need it, and having an employment lawyer on hand makes the legal process easier. An employment lawyer is aware of workplace rights and has a deep understanding of the laws that can help protect their client’s interests.
What are the Responsibilities of an Employment Lawyer?
Employment lawyers do several tasks as a part of their job. They handle all research related to a specific case, share that research with clients, give them their options, and represent them in court. An employment lawyer can work for both employers and employees to handle any state or federal laws that have been broken or establish routines and rules for a workplace. They might help employers set up a fair and compliant workplace or draft employee handbooks.
Ultimately, an employment lawyer seeks to see that all employees are treated fairly and consistently and that employers comply with both state and federal laws. Different employment-related issues that a lawyer might address include:
- Employment discrimination
- Employment contract violations
- Sexual harassment
- Protection for whistleblowers
- Wrongful termination
Protected Classes
There are many illegal actions that can take place in the workplace, but most employment law deals with discrimination against an employee by an employer. In order for discrimination to happen, an entity must have discriminated against a protected class, such as:
- Age
- Disability
- Sex and gender
- Pregnancy or parenthood
- Race
- Religion
Discrimination is not the only outright offense that can occur. An employee might also experience:
- Harassment
- An unfair firing
- A skipped promotion
- An unfair hiring process
- Retaliation
Common Illegal Actions in the Workplace
There are many reasons why someone might need to hire an employment lawyer. People most often seek out one of these lawyers when they think they have experienced discrimination at work or during the hiring process. Including the reasons mentioned above, employers can be guilty of many unlawful actions. Ultimately, a person should look into hiring an employment lawyer if they experience any of the following situations:
- They have been fired for a seemingly illegal reason.
- Their employer has violated state or federal laws set up to protect them.
- Their employer is harassing them, or their employer is not properly addressing a known harassment issue.
- They have been discriminated against for any reason.
- Their employer has retaliated against them for something legal.
- They have been forced into an agreement they are not comfortable with, such as waiving rights they are entitled to.
- The employer has not provided the benefits they were entitled to per their contract.
- Their employer has knowingly placed them in unsafe work conditions.
It is important for employees to learn about common illegal situations that can happen in the workplace. Knowing about common illegal practices can help employees recognize and prevent them. Common illegal actions in the workplace are listed below as well as ways that an employment lawyer can help.
Discrimination and Harassment
When discrimination or harassment occurs in the workplace, bringing in an employment lawyer can help ensure that the employer follows equity laws in the workplace. For example, if a female employee is constantly being sexually harassed and brings it to her employer’s attention. In that case, she can escalate it to a lawyer if the employer does not take appropriate action.
If the employer is the one doing the harassing, an employment lawyer will ensure that the employer is aware of their legal responsibilities and the consequences that follow. Another example might include a person who experiences being passed over for a promotion, even though they are more than qualified. This might be a type of discrimination.
Hostile Work Environment
If employees feel so unsafe or uncomfortable that it affects their ability to work due to especially egregious harassment, it is considered a hostile work environment. In this situation, an employee can seek out an employment lawyer to get their concerns addressed and create a safer environment.
Wrongful Termination
Wrongful termination is when someone is fired for an unjust cause. There can be a particular discrimination at the root of it, or an unsavory employer might deliberately cross lines to see what they can get away with, such as underpayment or withholding benefits or severance packages.
Firing someone often has different consequences than laying them off, and some employers will fire an employee to get around the requirements of a layoff. Employees might seek out an employment lawyer to help recover any lost wages or to handle any contractual obligations that may be due. In some cases, jobs can be recovered, and an employment lawyer will also ensure that no grudges, retaliation, or unfair treatment occurs as a result.
Should I Hire a Lawyer Right Away?
The best time to hire an employment lawyer is as soon as a person suspects or becomes aware of an issue. Waiting has the potential to prevent a person from getting all the help that they need. Sometimes, the delay can interfere with the burden of proof and impact the recovery of damages.
When trying to determine if a person needs an employment lawyer, there are several questions they can think about to help make the decision easier:
- Has the employer violated or potentially violated any laws regarding their behavior or actions towards this person?
- Has the employer improperly protected the safety of this person or mishandled any complaints of this person?
- Is this person at risk of being fired for unjust reasons?
- Is this person being asked to sign documents that they do not understand without time to seek guidance or under pressure?
- Can hiring a lawyer help this person be better equipped to negotiate with their employer?
Regardless of the situation, hiring an experienced employment lawyer will make the process smoother and less stressful while helping a person navigate workplace discrimination and other employment issues.
Chester County Employment Lawyers at The Gold Law Firm P.C. Protect Employees Against Unlawful Workplace Practices
If you think you have a case against your employer and want legal help, a Chester County employment lawyer at The Gold Law Firm P.C. can provide assistance. Whether you were wrongfully terminated or experienced harassment, our lawyers are knowledgeable and prepared to take your case. Located in Philadelphia and Pennsauken, New Jersey, we serve clients throughout South Jersey and southeastern Pennsylvania, including Wilkes-Barre, Scranton, northeast Philadelphia, Bucks County, Chester County, Delaware County, and Montgomery County. For a free consultation, contact us online or call us at 215-569-1999.
