Before discussing employment lawyers, it is beneficial to first understand what employment law is. Employment law is an umbrella term that is used to describe a broad range of legal issues associated with employees, employers, and safety conditions in the workplace.
An example of this would be how some employment laws may apply to a case involving employment discrimination, while other employment laws can be used to provide guidance when creating company policies and/or employee handbooks.
Employment laws are created with an intention to protect all who are part of the workforce. Some common examples of such protections include, but may not be limited to:
- Establishing protection for employees when disputing with a colleague, an employer, or a company;
- Ensuring that businesses are not allowed to discriminate against prospective job candidates or current employees during the interviewing, hiring, promoting, or terminating process;
- Providing specific rights and protections to those who are self-employed, or who are considered to be independent contractors; and
- Ensuring that those providing labor as volunteers and interns are not subjected to sexual harassment, discrimination, or retaliation in the workplace.
It is important to note that employment laws can vary widely from state to state, and even city to city. Because of this, the rights protected and offered by one state may not be available in another state. Additionally, some issues may be governed by both state and federal employment laws. An example of this would be pregnancy leave.
Employment lawyers can represent either employees or employers in issues involving both state and federal employment law. Employment lawyers ensure that their clients are treated in a fair and consistent manner when that client is employed. They also ensure that employers are in compliance with all of the many local, state, and federal laws that require their compliance in the workplace.
What Legal Issues Do Employment Lawyers Handle?
Employment lawyers are equipped to handle many different aspects of an employment law case. They can:
- Draft and review employee handbooks;
- Assist with wage law issues;
- Represent employees or employers before the Equal Employment Opportunity Commission (“EEOC”); and
- Provide guidance regarding employees’ rights, if they claim that their rights have been violated in the workplace.
In terms of specific legal issues that employment lawyers handle, the following are some of the most common examples:
There are a number of employment lawyers who represent employees who are not part of a union. Because they do not belong to a union, they are essentially powerless when employers have treated them in ways that violate applicable law. These employees are at a disadvantage, and as such, they may require legal representation when moving forward.
What Services Do San Diego Employment Lawyers Provide?
A California employment lawyer may be hired to help an employee sue their employer for workplace harassment. Alternatively, an employer may hire a different California employment lawyer in order to defend them against the workplace harassment suit filed by the employee and their attorney.
An employment lawyer may also be hired to represent an entire business, or a labor organization as a whole. While an employment lawyer’s duties will likely change from case to case in order to best meet a client’s needs, the majority of California employment lawyers are hired in order to provide legal representation during employment-related lawsuits. They are also frequently hired in order to provide legal representation for alternative dispute resolution conferences.
Considering the amount of employee-friendly employment laws that California recognizes, California employment lawyers may spend the majority of their working time ensuring that businesses comply with these regulations. San Diego employment lawyers also advise employees regarding their rights under state employment laws.
An employee should contact an employment attorney in any of the following situations:
- They have been harassed at work;
- They have been treated in a discriminatory manner because they belong to a protected class;
- Their employer has retaliated against them because they exercised one of their rights, such as requesting overtime pay when the law entitles them to overtime wages;
- Their employment has been terminated in violation of an employment contract, whether express or implied;
- They are being forced to sign an agreement which would waive rights to which they are entitled; and
- Their employer has not disbursed the benefits to which they are entitled according to their employment contract.
When an employee is injured or becomes sick in their workplace, they may file a workers’ compensation claim. An employment lawyer may help them file the most effective possible claim, or assist during an appeal a denial of benefits.
An employer should contact an employment attorney if:
- They require representation during collective bargaining negotiations with an employee union;
- An employee has filed a complaint for discrimination or harassment against them;
- An employee has filed a lawsuit, and names them as a defendant for an employment related matter; or
- They plan to lay off or fire a large number of employees, terminate an employee benefit, or change the current pension plan that they offer.
An employment attorney can also review or prepare contracts and agreements that you use with your employees. This could include employment contracts, severance contracts, or releases.
How Can I Find a San Diego Employment Lawyer?
Finding a San Diego employment lawyer may seem daunting. One way to simplify the process would be to use relevant keywords when conducting an online search. Some examples of helpful and relevant keywords include:
- Employment lawyer San Diego;
- Employment attorney San Diego;
- Labor law attorney San Diego;
- Labor attorney San Diego;
- Labor lawyer San Diego;
- Employment law attorney San Diego; and
- Employment lawyer San Diego free consultation.
An easy, quick, and free way to find a San Diego employment lawyer would be to utilize the services offered by LegalMatch. The process is fast, free, and confidential. Simply enter some relevant information, and the service will recommend any attorneys in your area who are available to potentially take your case.
You may also check with the San Diego Bar Association, which provides a lawyer referral service of their own. This service is provided through their website, as well as through a phone line.
How Much Do Employment Lawyers Cost in San Diego?
The average cost of an employment lawyer in California starts at $350 per hour. Generally speaking, this is the amount of money that clients who hire small law firms can expect to pay. It is important to note that this estimation can change based on the following factors:
- Where the client lives;
- How experienced the employment lawyer is; and
- The types of legal services required for each individual case.
Alternatively, if a business is hiring a California employment lawyer in order to defend them in a work-related lawsuit, it could cost the business upwards of hundreds of thousands of dollars. If the client who is suing the business hires a California employment lawyer in order to represent their interests on a contingency basis, the cost of the lawyer is free unless they win the case.
The cost of a California employment lawyer may further vary on a case-by-case basis. Potential clients should ask their lawyer questions regarding their billing practices during their initial consultation.
Should I Hire a San Diego Employment Lawyer?
Whether you are an employer or an employee, you should consult with an experienced San Diego employment lawyer when questions or issues arise. An experienced and local employment attorney can help you determine what California employment laws apply to you, and what your best course of legal action would be. Finally, a local employment lawyer will also be able to represent you in court, as needed.
Jose Rivera
Managing Editor
Editor
Last Updated: Sep 3, 2021
