When is it right to hire an employment lawyer? It doesn’t matter if you’re an employee or employer; you need the help and expertise of an employment lawyer. For an employee, an employment lawyer can help establish unfair labor practices that warrant a cause of action. The lawyer can protect their rights against spurious claims and unconscionable allegations for the employer.
According to https://nosratilaw.com/, hiring an employment lawyer is crucial when you want to protect your interest in the workplace. They are not only necessary when there’s a legal dispute. In fact, they’re there to help you avoid all sorts of legal issues. Here are other points to help you answer the question – whether or not you should hire the services of an employment lawyer:
Employment lawyers help negate or establish an employee-employer relationship
When a worker goes to court and cries foul about an alleged injustice committed by an employer, the latter can deny responsibility by alleging that there’s no employee-employer relationship. If you have a legal cause of action, you can advance your claims and hold your employer liable with the help of a lawyer.
Conversely, if you’re the one who commissioned a contractor to do a job and they hold you responsible for an injury or claim, you can ask your lawyer to negate the claim. In this case, your lawyer can help you establish that there was indeed no employee-employer relationship. And as a result of the absence of this relationship, you’re not liable to pay any kind of damages.
Employment lawyers can ensure that you’re not forced to render work
Some employers make it a condition precedent to an employee’s hiring the signing of an agreement that they should render a definite number of years in a company. And failure on the part of the employee to make good of this promise to render their services would warrant the payment of an employment bond. In other cases, although there’s no need to pay a bond, the employee is prohibited from resigning and forced to remain on the job.
While the employment contract is binding because it’s voluntarily entered into, its validity is secondary to the civil code provision prohibiting involuntary servitude. Under this doctrine, no employer or person is allowed to force another person to render work against their will. Your lawyer can help you assert this provision when faced with a legal complaint.
Employment lawyers could negotiate better terms under the CBA
When you have a unionized organization, your employees could elect a union to represent the collective employment conditions of the body. Whether you’re on the management or employees’ side, an employment lawyer could help you negotiate better terms to protect your interest. They could sit down at the bargaining table, discuss and propose employment terms, benefits, and conditions, and help institutionalize them.
By negotiating for the management, the lawyer can protect the former from approving excessive demands. The lawyer can uphold employees’ rights to organize and seek better employment conditions by negotiating for the union members.
Employment lawyers can assist in worker’s compensation
No matter how cautious an employee could be in doing their job, accidents at work couldn’t be 100% avoided. Unfortunately, although it’s often glaring that the accident happened in relation to the job, there are still employers who refuse to compensate the employee for their injuries. This is where an employment lawyer can offer the most help. They can prove the employer’s liability based on the case’s unique circumstances. They can also help secure damages for the employee.
An employment lawyer is helpful when you need to file a case or when a lawsuit is filed against you. They can help you protect and uphold your rights while also ensuring that you get compensated for the damages you suffer. They can also give sound pieces of legal advice to help you decide better when it comes to your conditions of employment.
Yes, you may pay for their services, and this could eat a part of your budget. However, the benefits and advantages you get to enjoy from their wise counsel outweigh the cost of their service. So, the next time you need their services, seek out an employment lawyer right away.