When working in industries that have specific regulations and labor unions, the need for labor lawyers or attorneys may arise. Labor attorneys can represent either the employee or employer during negotiations and disputes.
Believing is not enough to win your case. You need someone who will guide and assist you throughout the process.
If you’re unsure whether you need a labor lawyer, consider the following reasons:
1. When You Have been Mistreated by Your Employer
Filing a lawsuit against your employer may be tedious, but labor lawyers can come to the rescue. If you feel like it is a mistake to file a lawsuit when you feel mistreated, then you’re wrong. If you’re an employee who’s been mistreated to the point of resigning or losing your job, then it’s within your rights to file a lawsuit.
Here are the following scenarios that can justify suing your employer:
● Discrimination - If your employer discriminates you because of your disability, religion, ethnicity, sex, gender, or race, they could face a lawsuit.
● Workplace Injury - If you’ve been hurt on the job and it’s caused intentionally by your employer, then you can sue them. The lawsuit may prosper when your employer does not include an employees’ compensation plan.
● Wrongful Termination - If you have been fired even if you’re performing well or have no legitimate cause to be fired, then it’s considered wrongful termination. This act is usually done when employers only want to seek revenge against an employee.
● Harassment - This includes sexual or physical harassment from colleagues, supervisors, employers, or clients.
The scenarios can sometimes be hard to prove, therefore a labor lawyer is needed. A labor lawyer can assist you with the evidence you need to produce to prove and win your case. Especially if you have a powerful or well-connected employer, you might want to consider hiring the services of a labor lawyer.
2. When a Strike is a Threat
As an employer, labor unions or unsatisfied employees may organize a labor strike. This happens when employers and employees do not agree on specific conditions and terms of employment. What happens during this strike is that a large number of workers stop working to make their employer agree with their request or address their grievances. Especially when it comes to benefits, promotions, raises, time off, or wages, employees will resort to strikes.
When you’re faced with a strike, a labor lawyer can help you with the following:
● Collective Bargaining - Under federal and state laws in Atlanta, labor lawyers will help you negotiate with employees regarding collective bargaining agreements. Moreover, they will help you protect the interests of your business by representing you in litigations.
● Compliance Issues - If issues are about compliance with government regulations, then labor lawyers will represent you.
● Unfair Labor Practices - Based on your union membership, labor lawyers can help you with accusations from your employees when it comes to unfair labor practices.
● Strikes - When you seek the services of a labor lawyer, they can assist you with strategies to avoid strikes. Moreover, they will also help you find replacement labor or temporary workers.
3. When You Need to Lay Off or Fire a Worker
You will still need a lawyer to assist you when firing your employee even for a valid reason. If you fire an employee for unsubstantiated reasons, you will most likely be faced with a lawsuit. If you want to avoid the hassle of going to trial, an attorney can help you.
In Atlanta, there are different laws when it comes to laying off your employees. If you’re unfamiliar with it, then you will need a lawyer so you can avoid any discrepancies.
Here are things that your labor lawyer can assist you with:
● Specific laws from different states vary so an Atlanta labor lawyer can help you with lay-off rules in your state.
● When it comes to claims or severance pay, your attorney will be responsible for releasing them.
● Since laws vary, requests to your lawyer may not all be granted as they will stick with the law.
● Labor attorneys will also help you draft a non-disparagement contract between you and your grieving employee in exchange for severance pay or claims. Since they have in-depth knowledge about the law, they will make sure that you are in a win-win scenario.
In some cases, severance agreements are entered into between the concerned parties.
● If worse comes to worst, your lawyer will assist you with issues that you can’t handle, such as talking to employees who will be laid off.
Conclusion
Having a labor lawyer may seem expensive, but when you’re alone to face these legal matters, you’ll find that you’re losing more. Since you might not be adept with the laws concerning the situation, the time you spend dealing with papers or legal issues will cost you more since you’re not focused on doing things that are far more useful for your business’ growth.
In Atlanta, a lot of labor lawyers are there to help you win your case, whether you’re an employee or an employer. With a good case, you’ll have a higher chance of winning it with the assistance of a good lawyer.
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