Posted on May 10, 2018 in Employment Law
Few aspects of the human race date back to the dawn of civilization itself. From medicine to sports to even the internet (which is currently championing all of man’s current advancements) pale in comparison to the legal industry.
Many say that discussing the origins of the law is the same thing as telling the story of man’s civilization. According to ancient texts found in Egypt that were dated back to 3000BC, a civil code once existed that was divvied up into 12 smaller books.
Excerpts are taken from the Bible which could be dated back to 1280 BC detail the use of moral instructions as the foundation of a successful city. It is believed that Athens was the first region to recognize its citizens and although there was no single term for law and they excluded women and their slaves, their beliefs formed the basis for Roman and Greek laws.
These days, the legal industry is a multibillion-dollar industry. According to a study done by Statista, the law industry brought in 256.66 billion dollars to the United States in 2013, and it is expected to cross 288 billion dollars this year making it one of the largest contributors to the United States economy.
In a bid to increase efficiency and offer better services to clients, lawyers began to engage in specific branches of the law. These days, there are criminal, insurance, Personal Injury, Estate Planning, bankruptcy, intellectual property, employment lawyer, a corporate, and an immigration lawyers.
Depending on the scenario you find yourself in, you may choose to call someone other than your general counsel. In the workplace, there are several types of lawyers that one could be exposed to. Usually, while this is dependent on company size, there is a particular class of lawyers that could be found in every company.
They are workplace lawyers.
By definition, workplace lawyers (also known as employment lawyers) are the lawyers that are bound to give out legal advice about issues that may pertain between a company and an employee or vice versa. These issues could stem from pretty much anything including faulty employment contracts or can relate to a break down in the relationship.
Here are some of the other thing’s workplace lawyers do:
Workplace lawyers can assist in helping their clients understand their legal rights. Doing this includes painstakingly pointing out all the laws that are applicable to a case and the options that are open to the client. These options are not limited in any way, and they could include litigation, negotiation, mediation and other legal courses of action. A workplace lawyer may also go ahead and educate the client regarding the benefits and disadvantages of every option and plot out the best way to win a case.
The workplace lawyers that also end up serving as legal counsel to the employer find out that a common problem they need to deal with is helping their clients stay compliant with the appropriate laws. These could include ensuring compliance like anti-discrimination laws and creating guidelines for employment that do not discriminate on any basis whatsoever. Workplace lawyers also help their clients understand their obligations especially with regards to OSHA guidelines and other environmental restrictions.
In cases pertaining to the vast majority of employment law, claims are expected to be filled with the necessary agencies before private causes of action can be taken by an employee. Workplace lawyers assist in filing such complaints with the appropriate agencies.
Workplace lawyers also take part in employment-affiliated cases. These cases include instances where an employee is seeking to sue an employer because of wrongful termination, delayed or denied benefits, discrimination and so on. Depending on which side these lawyers are on, they also seek to protect the company and employer in extension against such claims and lawsuits. Here is an overview of the types of cases workplace lawyers are able to take on:
These are the most common kind of lawsuits, and they usually occur when an employee fails to receive the salary or compensation that was agreed to at the beginning of the employee’s contract. Should an employer request extra work hour from his employees that was not agreed upon previously, the employee has a valid ground to bring such a lawsuit to his workplace lawyer to be handled on his behalf.
This is another very common kind of lawsuits found within the workplace. They could arise when an employee is fired, reassigned, passed over for a promotion, not hired or just subject to policies that seem to be biased.
A class action suit refers to a situation when a group of people who are affected by the same negative thing as discrimination based on sex, gender, etc. or a wage dispute decides to come together as a group and sue the employer or company. An advantage of such a lawsuit is that participants in the suit can split the cost of the attorney amongst themselves.
This sort of case happens when employees develop injuries or fall ill as a result of work.
A workplace lawyer assists by helping to file the necessary claims or appeals. They could also represent the interests of the employer and put together a great defense.
Third party cases refer to lawsuits that involve the employer or employee and an outside party that does not work for the company. Workplace lawyers help with processing the necessary legal briefs and contacting the opposing counsel.
Workplace lawyers should be an essential component of every office, and this is regardless of where you work or the number of employees you have. From drafting out discrimination free policies to hammering out iron clad lawyers to representing personal and corporate interests in court when necessary; having a lawyer on your team is a great way to ensure your company does not fall into any legal issues.
If you believe that you have a need for workplace lawyer in San Diego, then contact Walker Law today. As a specialist labor law attorney based in San Diego, we will be able to give you professional advice to help take your case forward.