Employment Law Attorney Overview for Employers
Lawyer Assistance With Legal Issues Related to Employment
In most states throughout the U.S., employers and their employees have an "at-will" relationship, meaning that either party can terminate employment at any time for any reason that is not against the law. However, there are many cases in which disputes about employment can occur, and employers should be aware of how state and federal employment laws apply to their individual situation.
When addressing issues related to employment, employers should work with a skilled attorney who can ensure that their rights are protected and that their policies and procedures meet the requirements of the laws in their state. An employment lawyer can help resolve disputes with employees through negotiation, mediation, arbitration, or litigation.
Addressing Common Employment Law Issues
An attorney can provide assistance with a wide variety of employment issues, including:
- Drafting contracts and agreements - The employment contracts used by an employer must meet certain requirements to be valid and enforceable under state laws. An attorney can also assist in creating non-compete agreements, non-disclosure agreements, and severance agreements.
- Settling wage and hour disputes - A lawyer can review employer records to ensure that employees were properly compensated for hours worked and that state minimum wage and overtime laws were followed correctly.
- Defending against discrimination, sexual harassment, or wrongful termination claims - An attorney can review a company's policies to ensure that workers are protected against discrimination, and they can help demonstrate that a company took the proper steps to address any reported discrimination or sexual harassment. They may also defend against claims that an employee was terminated in violation of state or federal laws or regulations.
- Addressing labor law issues - A lawyer may negotiate with labor unions to address employee requests, concerns, or demands, working to protect an employer's rights and interests while ensuring that state and federal labor laws are followed correctly.
- Responding to whistleblower - When employees report illegal activity or other concerns, an attorney can help protect an employer's rights and assist them in taking steps to address and correct these issues.
- Ensuring compliance with workers' compensation laws - Employers are required to maintain workers' compensation insurance policies covering their employees in the case of work-related accidents. An attorney can help ensure that an employer is covered, and they can assist in contesting improper workers' comp claims.
- Meeting benefits requirements - A lawyer can ensure that employers who provide health insurance or retirement benefits to their employees meet the requirements of the Employee Retirement Income Security Act (ERISA).
When addressing employment law concerns, it is essential to work with an attorney who is experienced in both federal regulations and applicable state laws regarding the issues described above. A skilled lawyer will be able to help an employer understand their rights, the legal issues they should address, and the best ways to resolve any disputes that may arise.
