Employment law is a legal branch that deals with everything we conduct at work. It covers many issues, including worker protections, employer rights, obligations and responsibilities, and more. Hence, a workplace lawyer protects an employee’s or employer’s liberties. It represents everyone involved in labour-related legal issues, claims, or penalties.
Now, to help you better understand what a workplace lawyer is and why you might need one, we’ve created a comprehensive overview for you.
What Exactly Is Workplace Lawyer?
Labour lawyers work in the field of labour law and can defend both employers and workers. They engage with clients in labour-unionised industries like education and law protection. These attorneys are knowledgeable enough to fight for the rights of their clients.
Furthermore, these attorneys typically handle union formation, collective negotiating, and management-labour talks. These lawyers may choose to file suits or pursue out-of-court agreements to settle problems. In other circumstances, they may file a lawsuit against the opposite party.
What Kinds of Claims Are Handled by Workplace Attorneys?
They deal with a wide range of cases. In employment law, sexual assault, age and race discrimination, and unfair dismissal are all typical issues. The following are some of the most prevalent claims that lawyers Mandurah deal with:
- Conflicts on wages
- Contracts issues
- Illegal dismissal
- Benefits disputes
- Claims of bullying
- A poor work environment
Moreover, a knowledgeable workplace lawyer will be able to assist you if you have any queries about any form of employment-related dispute.
When Will You Need a Lawyer?
Employment lawyers may be needed by both workers and employers. If you’re a worker, you should see a professional if you have any of the following concerns:
- You must negotiate contractual terms during a labour dispute.
- You must take legal action against your company.
- Your boss refuses to pay you any severance money.
- Your boss terminated your job on the basis of irrational grounds.
If you’re a business owner, you should consult with a labour lawyer if:
- A worker has filed or threatened to launch a lawsuit against your company, alleging unsafe working conditions, unjust firing, or other forms of discrimination.
- You have decided to terminate an unionised employee.
- You have grounds to think that your workers are preparing a protest.
- A government official has come to your office or called you for more details concerning a recent event.
What Role Do Employment Lawyers Play in Helping Employers?
Companies commonly handle routine situations without the assistance of an attorney. Employers must, however, seek the advice of an expert in the following cases:
1. Firing a Worker
Personnel choices are occasionally the subject of legal action. Lawyers Mandurah can help businesses reduce the danger of a case if they fear the individual they want to remove for misbehaviour or poor production will file a protest against them. When a contract covers a worker or is about to enrol in a share or pension plan, employers frequently consult professionals.
A protected group member, including a person with a disability, pregnant, or a religious or ethnic minority, may be terminated by an employee. An expert is frequently required in these instances. Lawyers are commonly engaged if a worker suspects they are being dismissed in retribution for whistleblowing or if a worker has reported bullying or discrimination. They are also used by firms to review severance payments for high-level staff.
2. Major Workplace Decisions
Assume that a company is ready to make a choice that will have a significant impact on a vast number of workers, including massive layoffs or modifications to a pension plan. In that instance, attorneys may be able to help you avoid any legal issues that may arise as a result of your decision.
3. Occupational Classifications
Employers hire employment lawyers to classify occupations appropriately in order to avoid penalties, back pay, overtime compensation, and legal penalties. Lawyers assist employers in determining which jobs are privileged vs non-privileged. Work ties between independent workers and employees are also identified by labour lawyers.
4. Suits and Other Grievances
If a worker files a harassment or bias complaint, the allegations will be handled by a professional. They also manage worker lawsuits and requests for rejection of jobless or worker’s compensation claims.
What Role Do Employment Lawyers Have in Helping Employees?
Lawyers Mandurah seeks to defend workers’ rights by ensuring that businesses adhere to various federal and local laws and standards. Companies who engage in illegal behaviour may be held liable under the following legislation:
- The Occupational Safety and Health Act (OSHA)
- The Fair Labor Standards Act (FLSA)
- The Family Medical Leave Act
- The Employee Retirement Income Security Act (ERISA)
- The Equal Employment Opportunity Commission (EEOC)
Workers and employers should seek legal advice if they are being treated unjustly or illegally at the workplace. If you defend yourself, your odds of success are exceedingly limited. Workplace lawyers deal in these types of cases and grievances, so it’s a good idea to seek legal counsel on the best course of action in a particular situation.