The Role Of Employment Lawyers

Employment lawyers
help to litigate the differences between employers and employees when one party feels the other has breached the law. There are certain rights and duties incumbent upon each party, and when it is surmised that one party is taking advantage, then the other can bring a lawsuit to settle thing.

Many of the situations that grow into a dispute worth enough of bringing the matter to court revolve around wage and hour disagreements. The Federal law states that an employee must be paid at least $7.25 per hour for a 40 hour work week, and any time that a worker is worked beyond that is considered overtime work. Any work that is done beyond the 40 hours must pay the worker one and a half times their base pay rate per hour for the overtime work that week.

Another big contentious issue is that of discrimination in the workplace. Discrimination can take place in the form of age discrimination, race discrimination, gender and age discrimination, ethnicity and disability discrimination.

It is illegal for an employer to discriminate any of those previous classifications, and if it is found to be true, then there can be serious repercussions.

It is true in just about every state in the United States that the employer-employee relationship is base on an “at-will” agreement. This simply means that the relationship between the employee and the employer will be free to terminate the working relationship at any time for any reason. This definition can be set aside, however, if it can e shown that either party had entered into a private agreement otherwise.

Today there are even newer provisions that, even though the are new, they still carry the same rate as provisions in other areas. For example, there are more and more jurisdictions that are recognizing that married couples do not always have to be of different sexes. It is becoming more and more common for same-sex couples to be eligible to receive the same benefits of the working spouse.

Sexual harassment cases are some of the most difficult allegations to prove either way. Many of the charges in the area are based on actions alleged by one or both parties when they were the only people in the room. Obviously, this a most difficult charge to prove either way, but still there is room for a conclusion, and in many cases it can be the wrong one.

Good employment lawyers can hire private investigation firms to uncover the truth in more ways than one can imagine, and in many of these cases, the right person gets accused or excused.

Sexual harassment by an employer is more common than many people think. The employee many times feels the pressure that if they talk, they will get fired, and if they really need the job, there is a tendency to keep quiet. Good employment attorneys can help to cover the fear, and shed light on the real problem.

Situations such as employees not getting paid properly, being discriminating about an employees pay, and other similar incidents should not be acceptable or be the cause of delay. There are many instances when a good employment lawyer is the only thing that can bust through the sea of legalities and paperwork.