Employment Law, Employee Rights, and Your Business


Area of Law: 

Employment law is an area of legal practice that covers the responsibilities, obligations, and rights that are part of an employer-employee relationship. The law covers everything from wrongful termination and discrimination to workplace safety and wages. An employment lawyer will generally specialize in the representation of either employees or employers. Rarely do they specialize in both fields of law.

Lawyers who represent employees will often work with the employees directly or assist unions in their attempts to protect workers' rights. They may help employees with the filing of lawsuits against their employers. Additionally, they might negotiate settlements for the employees regarding any number of different grievances.     

Employment law is an increasingly in-demand field in today's modern world. Technology has raised questions about the employer-employee relationship that people never needed to face before. Employees have access to more information than ever before thanks to the internet. When employees have an increased awareness of their rights, they're more likely to seek legal action if their employer wrongs them.

Another factor influencing the field is current tension throughout the United States. With workers and labor unions going on strike, employers cracking down on wasted time, and wages being exceptionally low, there's never been a more vital time for employment lawyers to do their work.

The experts at top employment law firms like Walker Law in San Diego will walk an employee through the steps involved in filing their lawsuit. If the workers' rights violation is happening on a systematic level, the law firm may bring multiple claimants into the same lawsuit. At the very least, they will likely call other employees to give testimony during witness proceedings.

Common Causes of Action to Be Taken
Both job interviewees and hired employees have protections and rights guaranteed under the law. They have a right not to be subject to discrimination, to be paid according to the law, and to take unpaid leave if they have a medical or family emergency. The main standard is set by federal employment laws. However, multiple states have drafted additional workplace legislation. For this reason, you should become familiar with any extra provisions made available to you through your state.

These are common employee grievances:

An employee or job interviewee is discriminated against because of their gender, nationality, or any other characteristics.

An employee was subject to inappropriate sexual behavior that prevented them from doing their job to the best of their ability.

An employee was not paid adequately for the time they worked, or they weren't given overtime pay even after working more than 40 hours in a week.

An employer fired an employee as a form of retaliation after the employee filed a legal complaint, or an employer fired an employee because of protected characteristics.

If an employer has fewer than a predetermined number of employees, they might not be required to uphold certain laws. For example, the legislation regarding medical and family leave is only applicable to businesses that have at least 50 employees. Another important note is that an employee will typically need to have worked with a company for a certain length of time before they can receive protection from certain laws.

An employment lawyer will understand the ins and outs of your state's laws. They can help you understand your options and negotiate a settlement with your employer.