An employment lawyer is a type of attorney, or lawyer, who specializes in matters involving employment law issues, both state and federal. Employment lawyers can represent employers and employees alike.
Employment lawyers help to ensure that employees are treated in fair and consistent manners. For employers, an employment lawyer can help to ensure that they are in compliance with the numerous and complex federal, state, and local laws that apply in the workplace.
What Services Can Irvine Employment Lawyers Provide?
An Irvine employment lawyer can provide numerous services to employers and employees. Irvine employment attorneys can assist employers with many issues related to their workplace.
An employment lawyer may also be called a labor lawyer. A labor attorney in Irvine can provide advice to employers regarding the federal and state laws that apply to their workplace and help to ensure they do not violate those laws.
An employment lawyer in Irvine can provide advice to an employer regarding obligations they have due to the guidelines and requirements of the Occupational Health and Safety Administration (OSHA) and environmental regulations. Should an employer be required to appear before a governmental board or agency, their attorney can represent them.
An employer should contact an Irvine employment lawyer when they:
- Need representation due to collective bargaining negotiations with a union;
- Have an employee who has filed a complaint against them for discrimination or harassment;
- Have an employee who has filed a lawsuit that names them as a defendant for an employment related matter; or
- Have plans to:
- Let a large amount of employees go;
- Terminate an existing employee benefit; or
- Change what current pension plan is offered.
It is essential for an employer to keep in regular contact with their Irvine employment attorney to make sure they are in compliance with the current laws. An Irvine labor attorney can also perform other tasks for an employer, including:
- Assist in filing a complaint with the a government agency or filing a claim in court;
- Represent them during a lawsuit or during alternative dispute resolution (ADR), including mediation and arbitration;
- Work on certain 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;
- Counsel them regarding labor law and labor union issues, such as collective bargaining actions;
- Perform services related to an employment contract or agreement, such as:
- amending; and
- reviewing; and
- Oversee other legal matters or disputes that arise in the workplace.
An Irvine employment lawyer is also capable of providing numerous services for employees. An employee may be required to deal with an employer that engages in unlawful actions which violates the employee’s rights or places them at a disadvantage.
An employee should contact an Irvine employment lawyer when they:
- Have been or are being harassed at work;
- Have been or are being treated in a discriminatory manner due to membership in a protected class, such as their religion;
- Have an employer who has retaliated against them because they exercised a right, which may include requesting overtime pay that they are entitled to by law;
- Have a position that has been terminated, which violated an employment contract, express or implied;
- Have been or are being forced to sign an agreement that waives rights to which that they are entitled to; and
- Have an employer who has not provided them the benefits they are entitled to under their employment contract.
An employee will be required to file a workers’ compensation claim if they are injured or become ill at work. An employment lawyer can assist the employee with filing their claim as well as with an appeal if their benefits are denied.
What are Some Common Employment Disputes in the Irvine Area?
There are many different common employment disputes in the Irvine area, as well as in other areas of the country. A common employee compensation dispute is a wage and hour dispute. This category of disputes may include issues such as:
- Withholding pay;
- Disputes over overtime pay;
- Disputes involving minimum wage or other pay rates;
- Disputes over medical leave and other benefits;
- Retirement and severance package disputes;
- Conflicts over workers compensation for on the job injuries;
- Insurance disputes;
- Spousal benefit claims;
- Not paying the agreed upon salary or hourly wages, or paying you at all;
- Not paying at the times agreed upon, such as biweekly, monthly, etc.;
- Not paying for vacation and/or sick pay;
- Unpaid overtime; and/or
- Unreimbursed business expenses.
Another common category of employment law disputes involves discrimination. Discrimination occurs when an employee or a group of employees is treated differently from an employee in a similar position based on protected characteristics, such as:
- Religion; or
- Other characteristics.
There are also other hiring, firing, and retention disputes which are common, including:
- Disputes over benefits, vacation, and leave time;
- Disputes over salaries, wages, and hours;
- Legal disputes over harassment and hostile work environments, especially if the conditions cause an employee to leave the company;
- Wrongful termination disputes, especially when an employee is fired in retaliation for reporting a violation; and
- Conflicts that involve retirement benefits, pensions, and severance packages.
How Can I Locate an Irvine Employment Law Attorney?
If an individual needs an Irvine employment attorney, the search process may seem overwhelming. It is possible to begin by seeking recommendations from friends, family, or the internet.
An individual may also contact the Orange County Bar Association lawyer referral service. This service may charge a fee.
These options will likely only provide a name and contact information but no background or fee information that would be helpful for making a decision. LegalMatch.com, on the other hand, provides all of that information and more.
LegalMatch allows an individual to present their case at no charge. They will receive responses from local attorneys within 24 hours which will include:
- Background and education information;
- Fee information; and
- Ratings from other LegalMatch users.
This extensive and detailed information can assist an individual in determining which attorney is the best fit for their issue.
What Documents Should I Bring to a Consultation with an Irvine Employment Lawyer?
It is important to come prepared to the consultation with an Irvine employment lawyer. The layers will want to review the employment contract, if there is one. This will often be done prior to the consultation.
Documentation which will be important to bring to the consultation includes:
- The employment contract or contracts;
- Confidentiality agreements;
- Non-compete agreements;
- Arbitration agreements; and
- Termination agreements.
If the case involves employment discrimination, the individual should bring:
- Written evidence of the discrimination, which may include:
- emails or other communications;
- company policies or handbooks;
- job offers; and
- employment contracts;
- Verbal communications, which may include statements made in an interview or during an evaluation; and
- Documents, which may include pay stubs or human resources records that might support the individual’s damages claim.
Other examples of general documents which an individual should bring to a consultation include:
- Police or accident reports;
- Property deeds;
- Employment records; and
- Other documents which provide evidence of damages that occurred.
There may, of course, be other documents which the attorney will need to review. It is important to promptly provide documents which are requested so that the lawyer can begin building the strongest case possible.
Should I Hire an Employment Lawyer in Irvine?
It is essential to have an Irvine employment law attorney on your case if you are facing any employment issues. As noted above, an employment attorney can provide numerous services to both employees and employers.
Your attorney can review your situation, provide advice regarding possible action to take and the potential outcomes, and represent you any time you have to appear in court or before an agency.