San Jose employment lawyers handle many different types of cases. They are also known as San Jose employment attorneys or employment law attorneys. If an individual needs help finding a San Jose labor attorney, it may be helpful to understand the basic area of employment law that they need assistance with.
Employment law covers a wide range of job-related issues and disputes. A San Jose employment law attorney will likely handle numerous types of employment related cases, such as:
- Wrongful termination;
- Workplace discrimination;
- Sexual harassment;
- Contract violations;
- Issues involving employee benefits, including:
- health insurance; and
- retirement savings plans; and
- Whistleblower protection.
A San Jose labor lawyer handles the same types of cases as other employment lawyers. A San Jose labor lawyer or employment law firm in San Jose will have specialized knowledge of how employment law works in the area as well as state and federal laws.
What Types of Services do San Jose Employment Law Attorneys Provide?
An employment attorney in San Jose can provide numerous services to both employers and employees. An attorney can assist employers with a wide variety of issues that are related to employment.
An employment attorney can provide advice regarding the state and federal laws which apply in the workplace and ensure that the employer is in compliance with those laws. An employment attorney can also provide advice regarding the employer’s obligations in connection with the guidelines and requirements of the Occupational Health and Safety Administration (OSHA) as well as environmental regulations.
Additionally, if an employer is cited for non-compliance by a governmental board or agency, an attorney can represent them if they are required to appear. An employer should contact a San Jose employment lawyer if:
- They require representation for collective bargaining negotiations with a union;
- An employee filed a complaint against the employer for harassment or discrimination;
- An employee has filed a lawsuit that names the employer as a defendant for an employment related matter; or
- The employer plans to:
- lay off or terminate a large amount of employees;
- terminate an employee benefit; or
- change the current pension plan offered.
It is important for an employer to stay in regular contact with their San Jose employment attorney in order to ensure that they are in compliance with current laws. There are also other duties and tasks which a San Jose employment lawyer may perform, including:
- Provide assistance with filing a complaint with the proper government agency or filing a claim in court;
- Represent a client in a lawsuit or in alternative dispute resolution (ADR), such as arbitration or mediation;
- Work on specific types of cases, including:
- employment discrimination actions;
- wage and hour lawsuits;
- employment class actions; and
- third party lawsuits;
- File claims or assist with appeals for workers’ compensation benefits;
- Counsel a client regarding issues surrounding labor unions and labor laws, including collective bargaining actions;
- Services related to employment agreements or contracts, including:
- amending; and
- reviewing; and
- Oversee legal matters which may arise in the workplace.
For an employee, they may be required to deal with an employer who commits an unlawful action or actions that places the employee at a disadvantage or violates their rights.
Employees should contact a San Jose employment lawyer if they:
- Have been harassed at work;
- Have been treated in a discriminatory manner due to membership in a protected class, such as pregnancy;
- Have an employer who has retaliated against them because they exercised a right such as requesting overtime pay that they are entitled by law;
- Have a job which has been terminated in violation of an employment contract, express or implied;
- Are forced to sign an agreement which waives rights they are entitled to; and
- Have an employer who has not provided the benefits to which they are entitled under their employment contract.
If an employee is injured or becomes ill at their workplace, they may be required to file a workers’ compensation claim. Employment attorneys in San Jose can assist an employee with filing the most effective possible claim or appeal if their benefits have been denied.
It is important for an employee to contact a San Jose employment attorney as soon as they are aware of an issue. If an employee delays in contacting a lawyer, it may prevent them from proving the conduct which was committed by the employer and, therefore, prevent them from recovering damages. In addition, a statute of limitations, or a time limit to asserting rights and complaints under the law, may apply.
Where can I Locate an Employment Lawyer in San Jose?
It may be challenging or overwhelming to try and find an attorney. An individual may begin by asking friends and family or conducting an internet search. These results may be numerous and not very informative.
An individual may contact the Santa Clara County Bar Association, which includes a lawyer referral service. This service may include a service fee.
LegalMatch.com is an excellent resource for finding a San Jose employment attorney. An individual can present their case at no cost to pre-screened attorneys on LegalMatch. Within 24 hours, the individual will receive responses from experienced local attorneys who can take the case.
LegalMatch provides background and fee information for the attorneys that are matched to an individual’s case. The individual will also receive ratings by other LegalMatch users. All of this information can assist an individual in determining which lawyer is the best fit for their case.
How Much does it Cost to Hire a San Jose Employment Lawyer?
The cost of an employment attorney in San Jose varies depending on numerous factors, such as:
- The attorney’s skill set;
- The area of law in the case;
- The amount of time the case should take to resolve;
- The location of the case, law firm, or attorney;
- The attorney’s special training or education; and
- The circumstances of the individual case.
In general, lawyers charge their clients using one of three fee schedules:
- Hourly rates;
- Flat fees; and
- Contingent fees.
The majority of San Jose employment attorneys charge an hourly fee for employment issues and lawsuits. The average hourly rate for a California lawyer 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 a fee typically used in personal injury cases. In this type of fee, the lawyer is only paid if they win the case and receive a portion of the plaintiff’s award.
In some types of simple cases, a lawyer may use a flat fee. This fee is typically charged in less complex legal issues, including:
- Uncontested divorces;
- Power of attorney; and
- Certain minor criminal cases.
It is important to note that if an individual’s case goes to court, there may be other costs or fees which an individual may be responsible for, such as filing fees and court fees.
Do I Need to Hire a San Jose Employment Law Attorney to Handle My Case?
Yes, it is very important to hire a San Jose employment law attorney for assistance with any employment related issue you are facing. As noted above, an employment lawyer can provide services to both employers and employees. Your attorney can review your unique case, advise you regarding the possible steps forward and possible outcomes, and represent you in court.