Employment law changes constantly nowadays. People in modern times now harass or approach others in more discrete ways, such as asking an employee to stay late for a meeting but having that turn into a ‘date.’ Lawmakers and courts have to keep up with these rapidly changing times, which turns to having new precedents being placed daily. If an employee threatens a lawsuit, it may be time to consult an employment attorney.
The most important step to take is to consult an employment lawyer before taking any further action. Here is where you can learn when it’s time to consult an employment attorney.
When should an employer contact an attorney?
An attorney can help you make big decisions for your company, including firing many people or even a single person who you believe will sue for discrimination. An employer should contact an attorney if:
-They need representation for bargaining negotiations
-An employee files a harassment or discrimination claim
-The employer plans to lay off large amounts of people
-An employee files a suit against the employer for an employment-related issue
Your attorney would be able to help you find the best course of action to lay off multiple employees, help fight any harassment or discrimination claims, and help with collective bargaining negotiations. Your attorney would also assist in drafting agreements or contracts between the employees and employers.
An employee could believe that they were fired due to harassment or discrimination, however, this is not always the case. An employee could believe that their employer had purposely fired them because of a specific reason about them, and not because of the quality of that employee’s work. Employment attorneys are versed in debunking false discrimination claims. One way an employer could prove that they had not taken action against an employee based on harassment or discrimination could be proving the specific reason of why that employee had been fired. This could include poor quality of work, showing up late constantly, or not following orders. The employer must be fair throughout their ruling, which means they cannot take action against one employee for showing up late constantly but not take action against other employees who do the same. The employee could prove to the court that the employer is being unfair to that specific employee.
How much would an employment attorney typically cost?
The cost of an attorney varies depending on one’s circumstances. Some attorneys could charge flat rates, while others charge hourly. It really just depends on one’s circumstances, and how long the case will take. In the end, hiring a lawyer is a much better idea than allowing an employee to step all over you and your company. On average, attorneys in Los Angeles could range from $350-$600 an hour, depending on the type of firm you want to choose. Contact Pride Legal today for consultation.
F.A.Q.s
Q: Could an employee sue me based on how I classify them?
A: Yes. Misclassified employees could sue for unpaid wages and penalties from employers.
Q: Could a former employee sue their employer?
A: Yes, a former employee could sue their past employer. There are statutes of limitations, but that expires typically after a year after incident.
Q: Could an employee sue me if I cancel a benefit?
A: It depends on the circumstances and what the benefit is. Speak with an attorney to see if your workplace requires you to have that specific benefit, or if canceling that would create a hostile work environment.
Contact Pride Legal
If you or a loved one wants to learn more about how we could help employers, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.