There are many state and federal laws in place to protect an employee in the workplace, however bringing a claim against an employer can be intimidating and you may feel like it is you against the employer, the company, the HR department, and the company’s attorney. For this reason, it is important to hire an employment attorney that is experienced in representing the employee or a “plaintiff’s attorney.” The attorney will help assess the problem and advise the employee if the employer has violated the law, and what your options are moving forward.
You may question whether you have a case or may not know when to contact an attorney. If you have experienced any of the below issues, you are encouraged to contact an employment attorney.
- You feel you have been wrongfully terminated
- You don’t clearly understand your rights after you have been terminated
- You have been sexually harassed or mistreated in the workplace
- If you are not being paid the wages you are owed, including overtime pay
- If you feel you have been discriminated against based on sex, sexual orientation, race, physical disability, national origin, or religion
- The statute of limitations is running out on your claim
- You are considering resigning from your position due to unlawful conduct by the employer
- If you feel you have been misclassified as an employee (ie: exempt, independent contractor, etc.)
- You are experiencing workplace violence
- Your employer has damaged your reputation or has made false statements about you that could prohibit you from finding other work
- You have signed an employment contract that you feel you have violated and need guidance
- You made a workers compensation claim shortly before being fired
- You need to negotiate with your employer regarding a severance package
- You need advice regarding “release of claims” that the employer is asking you to sign
- You want to file a lawsuit in state or federal court
State and federal employment laws are constantly changing, are complex, and have many gray areas. In most states there is no such thing as “wrongful termination” because in most states all employees are “at will” employees, for this reason, it is incredibly difficult for an employee to successfully complete a lawsuit without an attorney representing them. Attorneys practicing in this area will examine all issues and aspects of the case to determine the best course of action, and will be an advocate for mistreated employees, negotiate compensation and/or contract terms, or sue the company in court.