An employment lawyer in the Bay Area performs many of the same services as employment lawyers in the rest of the country. These types of lawyers may also be called San Francisco employment lawyers, San Francisco employment attorneys, and San Francisco labor lawyers.
An employment lawyer is an attorney who specializes in cases involving employment law issues, both state and federal. Employment attorneys can represent both employers and employees.
Employment attorneys help to ensure that employees are treated in a consistent and fair manner. Additionally, they can assist employers with ensuring that they are in compliance with the numerous laws which apply in the modern workplace.
Employment attorneys can advise employees regarding their rights and whether their rights have been violated. They can also:
- Draft and review an employee handbook;
- Assist with a wage law issue; and
- Represent employers and employees if they are required to appear before the Equal Employment Opportunity Commission (EEOC).
What Types of Employment Law Issues are Common in the Bay Area?
San Francisco labor attorneys handle the same types of employment cases as other labor attorneys. A Bay Area employment lawyers or employment law firm will likely handle numerous issues related to employment, including:
- Wrongful termination;
- Workplace discrimination;
- Sexual harassment;
- Contract violations;
- Issues involving employee benefits, including:
- health insurance; and
- retirement savings plans; and
- Whistleblower protection.
What Services Do Employment Lawyers Provide in the Bay Area?
A Bay Area employment attorney is able to provide numerous services to both employers and employees. Employment attorneys in the Bay Area can provide assistance to employers with a wide variety of employment-related issues.
A Bay Area employment attorney is able to advise an employer regarding the federal and state laws which may apply to their workplace. The attorney can also ensure that the employer is in compliance with all applicable laws.
Bay Area employment attorneys can advise employers regarding the obligations they have related to the guidelines and requirements of the Occupational Health and Safety Administration (OSHA) as well as environmental regulations. Additionally, employment attorneys can represent an employer before a governmental agency or board if they are cited for non-compliance.
An employer should contact a Bay Area employment lawyer when:
- The employer needs representation during collective bargaining negotiations with a union;
- An employee has filed a complaint for discrimination or harassment;
- An employee has filed a lawsuit for an employment related matter; or
- An employer has plans to:
- terminate numerous employees;
- terminate an employee benefit or benefits; or
- change the current pension plan which is offered to employees.
It is important for employers to stay in regular contact with a Bay Area employment attorney to ensure that they are in compliance with current laws. A San Francisco employment lawyer can also:
- Provide assistance when filing a complaint with the proper government agency or filing a claim in court;
- Represent a client during alternative dispute resolution (ADR), such as mediation and arbitration;
- Represent a client during a lawsuit;
- Work on specific types of cases, which may include:
- employment discrimination actions;
- wage and hour lawsuits;
- employment class actions; and
- third party lawsuits;
- File a claim or assist with an appeal for workers’ compensation benefits;
- Provide counsel regarding issues surrounding labor laws and labor unions;
- Perform services related to employment contracts or agreements, including:
- amending; and
- reviewing; and
- Overseeing other legal matters which may arise in the workplace.
San Francisco Bay Area employment attorneys can also provide many services for employees. Employees may be forced to deal with employers who commit unlawful actions which place employees at a disadvantage or violate their rights.
An employee should contact a Bay Area employment attorney if the employee:
- Is harassed at work;
- Is treated in a discriminatory manner because of their membership in a protected class;
- Has an employer who retaliated against them because they exercised a right such as requesting overtime pay to
- which they are entitled by law;
- Has a position that was terminated in violation of an employment contract, implied or express;
- Is forced to sign an agreement that waives rights to which the employee is entitled; and
- Has not been provided benefits to which they are entitled by their employer.
How Can I Locate an Employment Lawyer in the Bay Area?
It can often be overwhelming or challenging to find an attorney. Many individuals begin by asking family or friends for recommendations.
It is also common to perform an internet search. This however, may simply provide many names and telephone numbers but not much information regarding the attorney themselves.
Another option for finding an attorney is to contact the Bar Association of San Francisco referral service. This service may include a fee but provides a free initial consultation.
One of the easiest ways to find a Bay Area employment attorney is to use LegalMatch.com’s free referral service. An individual can present their case in minutes to numerous attorneys. Within 24 hours, they will receive responses from experienced local attorneys who are interested in taking the case.
LegalMatch provides the potential client with the education, background, and fee information for each attorney who is matched as well as ratings from other LegalMatch users. This information can help an individual determine which lawyer is the best fit for their case. Since it only takes a few minutes and costs nothing, an individual has nothing to lose and everything to gain by trying the service.
How Much Does a Bay Area Employment Law Attorney Cost to Hire?
The cost of a Bay Area employment attorney will vary depending on many factors, including:
- The skill set of the lawyer;
- The area of law involved in the case;
- The amount of time the case is estimated to take to resolve;
- The location of the law firm or lawyer;
- If the lawyer has special training or education; and
- The facts and circumstances of the case.
Attorneys generally charge their clients using one of three fee schedules:
- Hourly rates;
- Flat fees; and
- Contingent fees.
Most Bay Area employment attorneys charge an hourly fee for employment cases. The average hourly fee for a California attorney ranges from $350 to $475, depending on the experience of the attorney or firm.
A contingency fee is usually used in personal injury cases. In this type of fee, the attorney is paid only if they win the case and receive a portion of the plaintiff’s award.
An attorney may use a flat fee for simple cases, such as:
- Uncontested divorces;
- Power of attorney; and
- Certain minor criminal cases.
It is important to note that if a case goes to court, an individual may be responsible for other costs and fees, such as filing fees and court fees.
Should I Hire a Bay Area Employment Lawyer?
Yes, it is very important to have the assistance of a San Francisco Bay Area employment law attorney for any employment related issue you may be facing. As noted above, an employment lawyer is able to provide many services to both employees and employers.
Your lawyer can review your case, advise you regarding the possible steps and outcomes, and represent you in court. It is important to contact an attorney as soon as an issue arises in order to ensure that evidence is preserved and that the statute of limitations does not run.