What is an employment attorney? Quite simply, an employment attorney is someone who can assist with employment law. Employment lawyers specialize in different areas of employment law. Some employment lawyers deal solely with cases that pertain to employees while others may have a more broad range of cases under their belt. There are basically two categories of employment attorneys: one that specializes in plaintiffs/employees sometimes referred to as a workers' compensation attorney, federal employment attorney, or an employment discrimination lawyer, and the second focuses on employers or defendants, also called management lawyers.
Often referred to as Employment Law Attorneys, Employment Lawyers specializes in a specific set of laws and facts. The employment attorney will focus on proving and supporting claims of discrimination, harassment, retaliation, maternity, and sexual harassment, occupational hazards, race and sexual discrimination, age and disability discrimination, and other employment-related matters. In addition to these, there are a lot of employment issues that face businesses today such as overtime pay, whistleblowing, equal opportunity, whistle-blowers' protection, training, and developmental disabilities, harassment on the job, and whistle-blower retaliation. Many times these cases require the expertise of an employment attorney. These attorneys not only understand the employment laws and guidelines, but they also understand the legal theories that govern the particular area of law that requires their expertise.
For a lawsuit to be successful, it must prove two elements beyond a reasonable doubt. The first element is that there was employment discrimination or an employer violation of Title VII of the Civil Rights Act. The second element is that there was a violation of a public policy. Both of these requirements must be proven beyond a reasonable doubt.
For example, if an employee feels that he has been discriminated against for his sexual orientation, sexual preference, gender, race, or religion, an employment attorney can help the employee to seek damages by providing documents and statistics that show that the discrimination occurred. Employment attorneys understand all of the legal areas that can potentially be affected by an employee's claim of discrimination and how that particular area of law works. They also know how employers can use these areas of law to their advantage in trying to protect their reputations, finances, company assets, and their bottom line.
For an employee to have a successful claim of discrimination or harassment, the first step is for the employee to be able to present a case that makes a reasonable case. The employee must be able to show that a reasonable person would have acted or felt the same way. The second step is for the employee to be able to show that this conduct was so widespread or frequent that it had a significant effect on his employment or business. Once you've convinced the courts that your claim has merit, an eeoc attorney can help you through the process from filing to settlement. In many instances, the advice of an employment attorney is invaluable. These professionals have seen just about every case of employment issues that have been presented to them over the years. These lawyers are aware of all the minute details that often get overlooked in what should be a fairly simple dispute between two parties. With this knowledge, they can help their clients not only win their claims but to have damages awarded to them in cases where they may have otherwise been forced to accept lesser settlements or pay far less in court fees and legal costs. Take a look at this link for more information: https://www.encyclopedia.com/social-sciences-and-law/sociology-and-social-reform/sociology-general-terms-and-concepts/employment.
Employment Lawyer: Hourly Issues