An employment lawyer is a type of lawyer who specializes in cases that involve employment law issues, both federal and state. An employment lawyer can represent both an employee or an employer.
An employment lawyer ensures that all employees are treated fairly and in a consistent manner. In addition, employment lawyers can help ensure that an employer is in compliance with the numerous local, state, and federal laws which apply to the modern workplace.
An employment lawyer can advise an employee what their rights are and whether those rights have been violated. Employment lawyers can also:
- Draft and review employee handbooks;
- Assist with wage law issues; and
- Represent employees or employers if they are required to appear before the Equal Employment Opportunity Commission (EEOC).
Many employment lawyers represent employees who are not members of a union and can be essentially powerless in certain situations where their employer has treated them in a manner which violates applicable law and puts the employee at a disadvantage.
What Types of Cases Do Orange County Employment Lawyers Typically Handle?
Orange County employment lawyers handle the same types of cases as other employment lawyers. An Orange County employment attorney may also be called an Orange County labor law attorney.
A labor attorney or employment law firm in Orange County will likely handle numerous employment-related issues, 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 Can I Expect an Orange County Employment Lawyer to Provide?
An Orange County employment lawyer can provide numerous services to both employees and employers. For employees, they may have to deal with an employer who commits an unlawful action which places the employee at a disadvantage or violates their rights.
An employee should contact an Orange County employment lawyer if the employee:
- Has been harassed at work;
- Has been treated in a discriminatory manner due to membership in a protected class, such as pregnancy;
- Has an employer who has retaliated against them because the employee exercised a right such as requesting overtime pay to which they are entitled by law;
- Has a job which has been terminated in violation of an employment contract, express or implied;
- Is being forced to sign an agreement that waives rights to which they are entitled; and
- Has an employer who has not given them the benefits to which they are entitled under their employment contract.
If an employee is injured or becomes ill in their place of work, they may be required to file a workers’ compensation claim. Employment lawyers in Orange County can assist employees with filing the most effective possible claim or appeal if their benefits have been denied.
It is important for an employee to contact an Orange County employment lawyer as soon as they are aware of an issue. If an employee delays in contacting an attorney, it may prevent them from being able to prove the conduct which was committed by the employer and, therefore, they are prevented from recovering damages. In addition, there may be a statute of limitations, or a time limit to asserting rights and complaints under the law.
An Orange County employment attorney can also assist employers with a wide variety of issues which relate to employment issues. An employment lawyer can advise employers regarding the state and federal laws which may apply in their workplace and ensure that they are in compliance with all of those laws.
Employment lawyers can advise employers regarding their obligations in connection with the requirements and guidelines of the Occupational Health and Safety Administration (OSHA) and environmental regulations. In addition, an employment lawyer can defend an employer before governmental boards and agencies if they are cited for non-compliance.
An employer should contact an Orange County lawyer if:
- They need representation in connection with collective bargaining negotiations with a union;
- An employee has filed a complaint against the employer for discrimination or harassment;
- When an employee has filed a lawsuit naming the employer as a defendant for an employment related matter; or
- The employer plans to:
- terminate, or lay off, a large amount of employees;
- terminate an employee benefit; or
- change the current pension plan that is offered.
It is important for an employer to stay in regular contact with their Orange County employment lawyer to ensure that they are in compliance with the most current laws. There are also other duties and tasks which an Orange County employment attorney can perform, including:
- Providing assistance with filing complaints with the proper government agency or filing claims in court;
- Representing a client in a lawsuit or during alternative dispute resolution (ADR), such as mediation and arbitration;
- Working on specific types of cases, including:
- employment discrimination actions;
- wage and hour lawsuits;
- employment class actions; and
- third party lawsuits;
- Filing a claim or assisting with an appeal for workers’ compensation benefits;
- Counseling a client regarding issues surrounding labor laws and labor unions, such as collective bargaining actions;
- Services related to employment contracts or agreements, such as:
- amending; and
- reviewing; and
- Overseeing other legal matters which may arise in the workplace.
How Much Does an Employment Lawyer Cost to Hire in Orange County, California?
The cost of an employment lawyer in Orange County will vary depending on several factors, including:
- The skill set of the lawyer;
- The area of law which is at issue;
- The amount of time the case is expected to take;
- The location of the law firm or attorney;
- If the attorney has any special training or education; and
- The circumstances of each individual case.
In general, attorneys will charge their clients using one of three fee schedules:
- Hourly rates;
- Flat fees; and
- Contingent fees.
The majority of Orange County employment lawyers will charge an hourly fee for employment issues and lawsuits. In California, the average hourly rate for an attorney may range from $350 for a smaller or less experienced firm or attorney to $475 or more for a larger or more experienced firm or attorney.
A contingency fee is typically used in personal injury cases, such as automobile accident cases. In this type of fee, the attorney is only paid if they win the case and they receive a portion of the plaintiff’s award.
In more simple cases, an attorney may use a flat fee. This is typically used in less complex legal issues, such as:
- Uncontested divorces;
- Power of attorney; and
- Certain minor criminal cases.
It is important to note that if a case does go to court, there may be other fees and costs which an individual may be responsible for, such as filing fees and court fees.
Where Can I Find an Employment Law Attorney in Orange County?
An individual has several options to find a California workplace lawyer. They may ask friends or family for recommendations. If that is not something an individual wishes to do, they can do a quick online search for Orange County employment lawyers.
Another option is to contact the Orange County Bar Association. They may be able to provide contact information for attorneys or information regarding other referral services.
One quick and easy way to find Orange County employment lawyers is to visit LegalMatch.com. LegalMatch is a referral service where an individual can present their case for free and receive contact information for attorneys in their area. LegalMatch provides education, training, and fee information so an individual can begin the process of choosing the best fit for their case.
Do I Need to Hire an Orange County Employment Attorney for My Case?
Yes, it is very important to hire an Orange County employment law attorney for assistance with any employment related issue you may be facing. As discussed above, an employment lawyer can provide many services to both employers and employees. Your lawyer can review your situation, advise you regarding the possible steps forward and outcomes, and represent you in court if it becomes necessary.