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Employee Rights Lawyers FAQs 


1. What is Employee Rights law?

Employee rights ensure that employees have their basic rights covered under employment law. Employee rights help to mitigate all workplace-related disputes or legal matters between an employee and an employer. Being aware of the basic employee rights aids in a smooth professional relationship. Under employee rights law, all employees are given fair treatment and there is no unfair discrimination. Also, employee rights laws protect the employees from any unjust or unacceptable workplace behavior and ensure their safety. The federal law or state law protects employee rights. 


2. What rights are covered under employee rights law?

An employee can come across a variety of complex situations at the workplace which can potentially harm the relationship with the employer. However, the employee rights will protect the employees from overtime, pay scales, wrongful termination, safety at the workplace, privacy, fair wages, and discrimination based on gender, race, or age. 


3. What does an Employee Rights Attorney do?

Employee rights attorneys can help employees in different ways. They make them aware of the various laws that are available and explain them. They also assist them to choose the best option for a case and evaluate the pros and cons of all the rights. Additionally, they also explain the employee rights to the employers to prevent any kind of workplace dispute that could harm the reputation of the company. They make sure that employees and employers are compliant with the law and no party is being treated unequally. An employee rights attorney also helps an employee file a complaint against their employers, draft their policies and help them to file their claims within time. If an employee experiences any kind of discrimination at the workplace or if there is wrongful termination, the employee rights attorney help to file a lawsuit against the employer. They also advise employees about their rights in forming a union and they also help employers learn about the rights of the union workers. 


4.Can an Employee rights attorney help if one is discriminated against based on gender at the workplace?

Gender discrimination is not encouraged anywhere and it is strictly prohibited in the workplace as well. However, still, female employees suffer a lot from this problem. They are denied promotions even if they are qualified, sometimes owing to their pregnancy they are not given their desired role and they often receive a lower paycheck in comparison to their male employees. If any female employee is being discriminated against by their employer, they must seek the help of an employee rights attorney. The Equal Pay Act of 1963 ensures that all employees irrespective of their gender receive the right compensation as per their skills and qualification and an employer is prohibited from any kind of partiality in this case. Employees are not aware of their rights and an attorney provides them with the knowledge of laws to help them win their cases lawfully. The employee rights attorney will inform you about the rights you have, do all the paperwork, organize witnesses, and would protect you from any unfair means by the employer. In serious disputes, the attorneys also help to file a lawsuit against the employer. They also take care of the lengthy court procedures on behalf of you saving you time and stress. 


5. Do I need an employee rights attorney for wrongful termination?

The employer can terminate an employee at their will. However, if an employee finds that he has been wrongfully terminated or the reasons for termination are vague and illegal, an employee rights attorney can help you regarding this matter. Each state has different rights for its employees. Hence no employer can wrongfully terminate an employee. The attorney will you inform about the legal rights you possess. The attorney will check whether you have a written contract with the employer and assist you accordingly. He will represent your case on the court and he will check all your employment details, tenure of your job, your positions, and your performance reviews by the employer. They will analyze your conditions whether you are being terminated for asking for your sales commission, or giving you any misleading information about your job role. He will guide you through the entire process so that your employer does not win by any unfair means. An employee rights attorney will also assist you in getting severance pay. Having an attorney by your side will make your case stronger and you will be protected lawfully. 


6. How can an Employee Rights Attorney help with unpaid wages?

Employees are entitled to wages for working overtime, pre-shift or post-shift, working on the weekends. When an employee is denied their wage by their employer, he or she has the right to file a lawsuit against the lawyer or can file claims. An employee rights attorney help to choose the right option to build a strong case for you. Filing a claim is an easier and shorter process in comparison to filing a lawsuit. However, an attorney will inform you about the benefits and help you make the best decision. Sometimes wage-related disputes may be settled by negotiation with the employer. An attorney will help you in negotiation so that you receive your deserved payments. They will assess all your legal claims and accordingly put forward your case. Since most employers have their own legal counsel, an employee must have an attorney while pursuing their case.


7. Can an Employee Rights Attorney help in workplace sexual harassment?

Sexual harassment in the workplace is an unpleasant experience and it has legal complexities. If anyone is subjected to sexual harassment, they should first speak to an employee rights attorney. As an employee you would have some doubts such as - how to respond to the harasser, is reporting the harasser necessary, can my employer retaliate against me for reporting this incident? An attorney will help you clear all your doubts. You can report this to HR or any other upper hierarchy and an attorney will help you to report to the right person. They will provide you with an outline of the incident so that you can put forward your case before your employer. The attorneys will also protect you from future harassment by documenting your case and your employer’s response, how you can deal if it continues, monitor your employer’s responsibility to prevent you from retaliation. 


8. How to find an Employee Rights Attorney?

An employee rights attorney can help you in various aspects such as wrongful termination, benefits and wages, workplace safety and health, medical leave, retaliation or whistleblowing, harassment, etc. Choose an employee rights attorney who has experience in your category. You can contact your local legal aid office or browse on the internet where you will find state-specific directories of attorneys.


9. What to ask before hiring an Employee Rights Attorney?

There are certain things to ask before finalizing an attorney such as how many years of experience they have in your field, what has been their success rate before, what is their preferred method- negotiation or trial in a court, is the attorney going to handle your case on his own or he will delegate it to his assistants, etc. Talk to at least 3 or 4 attorneys before making a final call. Most attorneys offer a free consultation call, so try to clear all your doubts during that session. 


10. How much does an Employee Rights Attorney charge?

The cost of employee rights attorneys varies. Some attorneys charge hourly which can cost between $250 to $500. High-level attorneys can charge over $850. Some employee rights attorneys charge contingency fees. In a contingency case, the attorneys usually take one-third of your pre-trial settlement or if the case goes to court they can take 40% or above of the jury award. 


Employee Rights Attorneys' Categories:


Employment Rights Labor Law Sexual Harassment Wage and Hour Whistleblowing Wrongful Termination



Jibit Cinar
verified

Jibit Cinar is an employment attorney who strategically and compassionately fights for fairness and equity on behalf of employees who have been wronged at the workplace.

Irvine, California, 92614, United States
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Alisa Goukasian
verified

Lemon Law Attorney

Burbank, California, 91501, United States
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Thomas F. Martin

A graduate of the U.S. Naval Academy at Annapolis, Maryland, Tom F. Martin is a Vietnam war veteran, having served for a year on river patrol boats (PBRs)

Atlanta, Georgia, 30309, United States

Lonnie C. Simmons

Lonnie C. Simmons will work hard for anyone who needs his help and is personally dedicated to ensuring that everyone gets their day in court. His practice

Charleston, West Virginia, 25301, United States

Danica L. Bird
Iowa City, Iowa, 52240, United States

Katerina Housos

Katerina Housos is a New York City-based employment attorney at Phillips & Associates. Ms. Housos grew up in Greece and is both a common law and civil

New York, New York, 10006, United States

Jade McKenzie

Jade McKenzie is an associate in the Orange County office of Lewis Brisbois and a member of the Labor & Employment Practice. Jade's practice primarily

Costa Mesa, California, 92626, United States

Cyrus C. Dashtaki

Cyrus Dashtaki is experienced in representing individuals in cases involving claims of employment discrimination, wage and hour, consumer fraud and serious

St. Louis, Missouri, 63109, United States

Robb C. Bigelow

Robb opened Bigelow Legal, P.C. as a plaintiffs employment law firm because he cannot stand discrimination, bullies or bigotry. Robb will do his best to help

Nashville, Tennessee, 37215, United States

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