10 Times To Hire An Employment Lawyer

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Employment lawyers are experts in the legal complexities surrounding worker’s rights. From workplace discrimination cases to contract violations, there are many instances where you may want to hire an employment lawyer. Here are 10 examples of times when such a legal professional could be worth hiring. 

1. You’ve experienced discrimination or harassment at work

You may have experienced workplace discrimination if you’ve been unfairly treated by an employer or colleague because of your race, religion, sex, orientation, national origin, age, or a disability. This unfair treatment could include anything from deliberately not being hired to receiving less pay. Discrimination can include harassment, which can include various types of unwelcome behavior from offensive jokes to physical assault. 

2. You’ll have been unfairly dismissed from your job

Employers in the US can’t just fire you for any reason. You could be a victim of wrongful termination if you’ve been fired for reasons such as discrimination, taking medical leave or making a complaint. An employment lawyer will be able to guide you through exactly what is classed as wrongful termination based on federal law and the laws of your state. 

3. You’ve undeservedly failed a background check

Failed a background check while applying to a job despite not having any past felonies or discrepancies? This could be another good time to seek out legal help so that you can argue your case and so that you’re not blacklisted from any future jobs. Different companies use different consumer reporting agencies, and it can be worth shopping around to find a lawyer who has dealt with these agencies before. For example, if you need legal help with Walmart background check disqualifications, you should try to look for a lawyer who has experience with Walmart or First Advantage (the credit reporting agency that Walmart uses). 

4. You haven’t received wages or have been underpaid

Withholding pay is a serious crime. If you are still waiting for an employer to pay you wages that you should have received already, consider getting in touch with a lawyer. It is also illegal for an employer to underpay you. This includes paying less than you are contracted for, paying less than minimum wage, or not paying you for overtime. Using bank statements and your employment contract, you should be able to easily prove that you have not been paid.

5. You haven’t received the benefits promised in your contract

An employer must also deliver any perks that were promised in your contract. This includes benefits like vacation days, health insurance or a company car. If you have not received these benefits and it was written in your contract that you would receive them upon being hired, you are in your right to take legal action. An employment lawyer will be able to guide you as to exactly what steps to take. 

6. There have been other contract violations

Anything that is written in your employment contract must be honored unless you receive a new contract (and this must be signed by you and your employer). Unfortunately, there are many employers that are willing to break the terms of this contract – often hoping that employees won’t notice, or simply forgetting what they agreed to in the contract. Make sure to go through your contract and be prepared to seek legal support if the terms have been broken. A contract violation could include anything from failing to provide certain agreed-upon safety equipment to changing your contracted work hours without your consent. 

7. Your employer has not been following state laws

Every state has its own employment laws, and these can be worth looking into. For example, California has laws in place such as mandatory rest breaks and paid sick leave – yet quite a few employers have been known to not follow these state laws. You can find information on your state’s employment laws online. A local employment lawyer will also be able to guide you through these laws so that you know what your rights are. 

8. Your work has caused you to get ill or injured

If you have been made ill or injured as a direct result of your work, you may also be able to claim legal compensation. Some employment lawyers may be able to help you make this claim; however, you may find that a personal injury lawyer has more expertise in this area. In any case, make sure to get legal advice – compensation could help to pay for sick leave and medical treatment, and every employer must have worker’s compensation insurance by law to cover you (if your employer doesn’t have this insurance in place, then this is another reason to sue!). 

9. You’ve been a victim of slander

Has a colleague or an employer made false allegations about you that have harmed your professional reputation? This is considered ‘slander’ and you are within your rights to seek legal action in order to repair your reputation. General employment lawyers may be able to help you with such cases; however, you could also consider seeking out a defamation lawyer instead, who may be able to provide more specialist support. It is important that you can prove any slander has caused you harm or hindered your career in some way.

10. You’re an employer dealing with difficult employees

It’s not just employees who can benefit from seeking out the help of an employment lawyer, but also employers. In fact, it is recommended that every employer seek out an employment lawyer when drafting and reviewing contracts. Employment lawyers can also advise employers on regulations that they need to follow. If you’ve recently become an employer, this could be very useful in helping to navigate the maze of compliance. Employment lawyers can also help you when dealing with employee disputes – they may be able to help you come to an amicable agreement so that you are not forced to pay legal compensation, or they may be able to help you find the best way of disciplining an employee who is causing trouble. It is useful to have such a lawyer on call so that you can get such advice quickly when you need it. 

*This article is based on personal suggestions and/or experiences and is for informational purposes only. This should not be used as professional advice. Please consult a professional where applicable.