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When Should I Hire an Employment Lawyer?

Hiring an employment lawyer is necessary as your company grows. An employment lawyer can draft your employment contracts, review your hiring and selection policies, and advise on the legal aspects of your operations. Aside from that, they can also sit down at the bargaining table and enter into a collective bargaining agreement with your employee union. According to Employment Attorneys in Los Angeles law firm of Omid Nosrati, hiring the services of a reputable employment lawyer will ensure the smooth operation of your business.

On the other hand, there are also proper instances wherein an employee would need the services of an employment lawyer. But, how do you exactly know when it is time for an employment lawyer to help you out in your business or employment?

Do small businesses automatically need a lawyer to smoothen their operation? Or, do you only need a lawyer when labor cases are being filed against the company? When you have a misunderstanding with your employer, do you automatically talk to a lawyer? Here are some instances wherein the help and guidance of an employment lawyer are necessary.

Employer: When you need to review your employment policies

The thing with labor laws is that they are construed in favor of the employees. This is based on the principle that the law is the greatest equalizer, helping those who have less in life have more in law. Since between the employer and employee, the former has the upper hand in employment matters, their powers are tempered by law.

This explains why when an employee complains about unjust treatment; they have to allege it. The employer will have to overcome the burden by showing evidence to the contrary. So, before you let this happen, it is better to consult with a lawyer and have them review your employment policies. With this, you know that you are not engaging in unfair labor practices.

Employer: When you need legal representation in a labor case

For instance, despite being careful with your policies and how you run your human resources department, you still encounter an issue with your employee. You also find out that the same employee already lodged a complaint with the labor arbiter. In that case, the best way to tackle the issue is to hire a labor lawyer.

Your lawyer will take care of the case, leaving you to focus on running your business. With a lawyer handling the problem, you are assured that you are at the top of the matter, even if you are not the one directly dealing with it.

Employer: When you need to bargain with the union collectively

In big companies, it is expected that employees form a union. This union becomes the collective voice of the employees that belong to it. It is also likely that the employer and union representatives sit down at the bargaining table to negotiate the latter's employment terms. To ensure that you are well and properly represented - you should seek the help of an employment lawyer. They know the difference between a conscionable demand and unreasonable ones.

Employee: When you suffer from unauthorized and unjust causes of termination

Although the law is clear on the just and authorized causes of termination, just employers refuse to follow such law. A classic example is - when the employer let go of an employee they placed on probation despite the latter's excellent performance. Subsequently, the employer hires another temporary employee to fill the same position. This is an unfair labor practice.

In that case, the employee is justified in hiring the services of an employment lawyer to demand reinstatement, accrued benefits, and damages.

Employee: When the employer denies employee-employer benefits

This usually happens when the employee suffers from work-related injuries, and the employer refuses to compensate them by asserting that there is no employee-employer relationship. An employment lawyer can help settle the matter and prove the existence of an employer-employee relationship if it exists.


This is not an exclusive and exhaustive list of circumstances wherein an employment lawyer's help is essential. When there is an abuse of power and one of the parties was marginalized and brought down, a fighter is needed to restore the balance. When one party is at a disadvantage because of another, there is a need for a pacifier. And, in any of these cases, that fighter of righteousness and pacifier is the employment lawyer.