The Right Time to Talk to an Employment Attorney: When You Should Consult a Lawyer About Your Job Situation

There are many times when you may need to talk to an employment attorney. Perhaps you were recently laid off and don’t know what your rights are. Maybe you’ve been passed up for a promotion time and time again, and you’re not sure if there’s anything you can do about it.

Or perhaps you’ve been working at a company for years and suddenly find yourself in the middle of a workplace investigation. No matter what your situation is, if you have any questions or concerns about your job, it’s always best to consult with an attorney.

When You Should Talk to an Employment Attorney 

• Here are a few specific instances when you should definitely consider talking to an employment attorney:
• You were just laid off or fired and want to know if you have any legal recourse.
• You’re being harassed or discriminated against at work.
• You’re being asked to sign a non-compete agreement or other contract that you’re not comfortable with.
• Your company is going through a merger or acquisition and you’re worried about your job security.
• You have questions about your rights as an employee, such as whether you can take leave under the Family and Medical Leave Act.

You were just laid off or fired and want to know if you have any legal recourse: 

If you were recently let go from your job, it’s important to understand your rights. You may be entitled to severance pay, unemployment benefits, or even reinstatement. An attorney can review your situation and let you know what options are available to you.

You’re being harassed or discriminated against at work: 

Workplace harassment and discrimination are illegal. If you’re being subjected to this type of treatment, you need to speak up. An attorney can help you file a complaint with the appropriate authorities and/or take legal action against your employer.

You’re being asked to sign a non-compete agreement or other contract that you’re not comfortable with: 

Before you sign any type of employment contract, it’s crucial that you have an attorney look it over. Non-compete agreements, in particular, can be very restrictive and may not even be enforceable. An attorney will be able to advise you on whether or not you should sign the contract.

Your company is going through a merger or acquisition and you’re worried about your job security: 

Mergers and acquisitions often lead to layoffs. If you’re concerned that you might lose your job, an attorney can help you negotiate a severance package or review your employment contract for any protections that may apply.

You have questions about your rights as an employee: 

There are many laws that protect employees’ rights, such as the Family and Medical Leave Act (FMLA). If you’re unsure about your rights or what to do in a particular situation, an attorney can give you the guidance you need.

If any of these situations apply to you, don’t hesitate to consult with an employment attorney. Remember, it’s always better to get advice early on rather than wait until it’s too late.

Who Is an Employment Attorney?

An employment attorney is a lawyer who specializes in labor and employment law. This area of the law covers a wide range of topics, including discrimination, harassment, wages and hours, and workers’ compensation. 

Employment attorneys represent both employers and employees in disputes. If you’re an employee who has been mistreated at work, or if you’re an employer who is being accused of wrongdoing, an employment attorney can help you understand your rights and options.

What Can Employees Do to Protect Themselves?

If you’re an employee, there are a few things you can do to protect yourself from being mistreated at work. 

• First, familiarize yourself with the laws that apply to your situation. The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting discrimination and harassment in the workplace. If you think you’ve been the victim of discrimination or harassment, you can file a complaint with the EEOC.
• Second, make sure you understand your employment contract. This document should outline your rights and obligations as an employee. If something happens at work that doesn’t seem right, review your contract to see if there’s anything that applies to your situation.
• Finally, keep copies of important documents related to your job, such as performance reviews and pay stubs. These documents can be helpful if you ever need to take legal action against your employer.

What Can Employers Do to Protect Themselves?

If you’re an employer, there are a few things you can do to protect yourself from being accused of mistreating your employees.

• First, make sure you have a clear policy against discrimination and harassment in the workplace. This policy should be included in your employee handbook and posted in a visible location at work.
• Second, provide training for your managers and supervisors on how to prevent and handle discrimination and harassment complaints. This training should happen regularly, such as once a year.
• Third, keep accurate records of all employee performance reviews. These reviews can be helpful if you ever need to defend yourself against allegations of wrongful termination or other mistreatment.
• Finally, consult with an employment attorney before taking any action that could potentially lead to legal action against you. For example, if you’re considering firing an employee, an attorney can help you make sure you’re following all the necessary procedures and that your decision is legally sound.

Rights and Duties of Parties to an Employment Contract

Duties of an Employer

An employer has a number of duties under an employment contract. These duties include:

• Providing the employee with a written contract that sets out the terms and conditions of employment;
• Paying the employee’s wages in full and on time;
• Complying with all applicable labour laws and regulations;
• Providing a safe and healthy work environment; and
• Respecting the employee’s right to privacy.

If an employer fails to meet any of these obligations, the employee may have grounds for a claim against the employer. For example, if an employer does not pay an employee’s wages, the employee may be able to file a claim for unpaid wages with the provincial or federal government.

Similarly, if an employer does not provide a safe work environment, the employee may be able to file a claim for workers’ compensation benefits.

Duties of an Employee

An employee also has a number of duties under an employment contract. These duties include:

• Showing up for work on time and as scheduled;
• Completing assigned tasks in a timely and efficient manner;
• Refraining from engaging in any activity that would jeopardize the safety of oneself or others;
• Following all workplace policies and procedures; and
• Respecting the employer’s property and confidential information.

If an employee fails to meet any of these obligations, the employer may have grounds to discipline or terminate the employee. For example, if an employee is habitually late for work, the employer may give the employee a warning or ultimately decide to terminate the employee’s employment.

Rights of an Employer

An employer has a number of rights under an employment contract. These rights include:

• The right to control and direct the employee’s work;
• The right to expect the employee to perform his or her duties in a competent and satisfactory manner;
• The right to discipline or terminate the employee’s employment if the employee fails to meet the standards of conduct set out in the contract or workplace policies;
• The right to require the employee to comply with all applicable laws and regulations; and
• The right to protect the employer’s property and confidential information.

If an employer attempts to exercise any of these rights in an unreasonable or unfair manner, the employee may have grounds for a claim against the employer. For example, if an employer disciplines an employee for a minor infraction, the employee may be able to file a claim for wrongful dismissal.

Rights of an Employee

An employee also has a number of rights under an employment contract. These rights include:

• The right to be paid in full and on time;
• The right to work in a safe and healthy environment;
• The right to privacy in the workplace;
• The right to fair and just treatment by the employer; and
• The right to have one’s job protected from unfair dismissal.

If an employer attempts to violate any of these rights, the employee may have grounds for a claim against the employer. For example, if an employer terminates an employee’s employment without cause, the employee may be able to file a claim for wrongful dismissal.

Essentials of an Employment Contract

An employment contract is a legally binding agreement between an employer and an employee. It sets forth the terms and conditions of employment, including but not limited to compensation, benefits, job duties, and termination. A well-drafted employment contract can help avoid disputes down the road and protect both the employer’s and the employee’s rights.

There are a few essential elements that every employment contract should include:

The names of the parties: 

This seems like a no-brainer, but you’d be surprised how many contracts forget to include this basic information. Be sure to list both the employer’s and the employee’s full legal name.

The date of the agreement:

Again, seems simple enough, but it’s important to include the date that the agreement is signed by both parties. This will help establish when the contract took effect.

A description of the job:

The contract should include a brief description of the employee’s duties and responsibilities. This will help ensure that both parties are clear on what is expected of the employee.

Compensation:

The contract should spell out how much the employee will be paid, as well as how and when they will be paid (e.g., weekly, bi-weekly, monthly). It should also include any bonuses or commissions that may be earned.

Benefits:

The contract should list any benefits that are being offered to the employee, such as health insurance or vacation time.

Duration of employment:

The contract should specify the length of employment, whether it is for a specific term or at-will. If the contract is for a specific term, be sure to include the start and end date.

Grounds for termination:

The contract should list the grounds for termination, such as breach of contract or unsatisfactory job performance. This will help prevent any misunderstandings about what would constitute cause for termination.

If you are presented with an employment contract, it is important that you take the time to understand all of the terms and conditions before signing. If there are any terms that you do not agree with or do not understand, be sure to ask for clarification from your employer or an attorney.

It is also a good idea to consult with an experienced employment attorney to review the contract and make sure that it is fair and protective of your rights.

An employment contract can be a helpful tool in setting expectations and establishing a clear working relationship between an employer and employee.

Employment Law and the Gig Economy

There’s a big difference between an employee and an independent contractor. If you’re not sure which category you fall into, that’s something you should discuss with an attorney.

Generally, employees are given more protections under the law than independent contractors. For example, employees can’t be fired without cause, but independent contractors can be let go at any time. If you think you’ve been wrongfully terminated, or if you’re facing other employment issues, consulting with a lawyer is a good idea.

Independent contractors also don’t have the same rights when it comes to things like overtime pay and benefits. So, if you’re not sure whether you’re classified correctly, it’s worth talking to an attorney to find out. They can also help you negotiate better terms if you’re an independent contractor.

Conclusion

There are a few other situations when it’s a good idea to talk to an employment attorney. If you’re being harassed at work, or if you feel like you’re not being paid what you’re owed, those are both times when it’s worth seeking legal advice. Likewise, if your company is asking you to sign a non-compete agreement or other contract, it’s a good idea to have someone look it over before you put your signature on the dotted line.

In short, there are a lot of different situations where talking to an employment lawyer can be helpful. If you’re not sure whether you need one, the best thing to do is give them a call. They can help you figure out what your next steps should be.