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How to Know if You Need an Employment Lawyer

Employment lawyers are present to offer representation between both the employee and the employer on issues that involve federal and state employment laws. An employment law attorney is there to help ensure that the employees receive fair treatment consistently. Thus ensuring that employers are compliant with crucial employment laws that are on the federal, state, and local levels in the modern workplace setup. If you are wondering how to know if you need an employment lawyer this article will act as a guide for you.

Most of the time before an employer and an employee start working together an employment agreement is drafted and both parties go through it before signing it. The contract is put in place as a measure to protect both the employer and employee. However, when it becomes clear that an employer is not leaving up to their end for reasons best known to them it may be time to call in an employment attorney.

An employment attorney can assist you in more ways than one when it comes to finding resolutions between you and your employer. Other than going to court they can try alternative dispute resolution in the event where there are issues in the workplace and help both parties come to an agreement. However, if no resolution is found then the issue is likely to file an employment lawsuit.

When Is the Best Time to Seek Advice From an Employment Attorney?

There are numerous signs that will show you that your employer is not playing fair. In event that you notice these issues, it may be time to talk to a legal professional and ask them to come in. A legal expert will help an employee to avoid a situation whereby the employer is taking advantage of them. Below are some of the employment disputes that show that you are likely going to need an employment discrimination attorney. 

Employer Retaliation / Discrimination

Illegal retaliation occurs when an employer retaliates against the employee when they take an action that the employer may term as adverse as a result of the employee reporting or complaining about the employer being discriminative or harassing them or others in the workplace.

An attorney filling out a complaint for an employee who faced discrimination.

As a result in may end up discharged from employment for the employee or carrying out other forms of discipline. At times the employer may end up taking actions against the employee that are damaging to both their emotional and mental health which may end up affecting their working condition. Some of these actions include decreasing their pay or even giving them tasks or assignments that are less desirable. when this happens you may need to call an employment discrimination lawyer.

When an employment contract attorney comes in they will evaluate the elements of your employment discrimination case and determine if they can be able to represent you. They will need to see the evidence that you have showing that the employer retaliated and the harm that it caused you.

Wrongful Termination

Most modern-day employment laws have been put in place in order to protect employees from being unfairly fired from their place of work. A case of wrongful termination will be developed and pursued depending on the situation of the employee.

Sexual Harassment

When a person goes through or experiences sexual advances that are not welcome it can be referred to as sexual harassment. Also, any other conduct that is in relation to the particular employee that they perceive as such or actual sex that results in negative consequences upon the employee and/or their working environment can still be termed as sexual harassment.

Most of the time sexual harassment occurs in a quid pro quo setup. Quid pro quo harassment can occur when a salary increment or benefits are dependent on the employees agreeing to sexual favors. In this case, the employee feels obligated to perform these sexual favors in order to secure their employment or to keep their position at work.

Sexual harassment is considered to be unlawful and both female and male employees can fall victim. As a victim of sexual harassment, you are entitled to receive legal protection and to have your rights protected. You contact an experienced employment law attorney from Trey Merck Law who can carry out a free case evaluation and they will let you know how they can help you with your employment matter.

Whistleblower Actions

A person who exposes unethical, illegal, and unlawful conduct is referred to as a whistleblower.

Most employees that find out that the company that they are working for is involved or has been involved in something that is considered dishonest, unethical, or illegal have a hard time deciding what to do. However, you should know that whether you want to complain internally to a supervisor or your manager about your finding or in case you would want to move forward and report the issue to a government agency or law enforcement officials there is protection available for you.

There are both federal and state laws in existence and their purpose is to protect the whistleblower from their employer’s retaliation. The laws are applicable to employees working in the private sector as well as those working in the federal, local, and state governments.

Wage and Hour Disputes / Unpaid Overtime

Wages are inclusive of any money that an employee gets paid including any hourly pay, salary, bonuses, commission, as well as sick leave any other amount they are entitled to that has been stated in their contract or under a policy.

The details matter when it comes to issues regarding the wage and hour law. The practices and the decisions that employers have put in place will define differentiate the non-compliance and the compliance law in regards to the wage and hour law in SC. An employer without intending it can fail to observe the wage and hour laws and hence an employee may need to take them to court if the issue cannot be resolved informally.

employment law forms, a gavel, pen, and glasses on a desk

In South Carolina, there are employees exempted from overtime as they don’t qualify for overtime wages according to the overtime laws in South Carolina. In the same way, other employees are non-exempt and they will need to be paid overtime if they work beyond 40 hours a week.

As an employee, you should not rely on the business owner to give you their findings to tell you whether or not you are exempt from overtime. There are instances where the employer has wrongly classified their employee as exempt. They may have done this by mistake and at times other employees have wrongly classified their employees intentionally so they do not have to adhere to the requirements of the overtime pay laws. If you are not sure of the complex employment law issues or the complexities of employment law as an employee talks to an employment lawyer for advice.

What Does an Employment Attorney Do?

An employment attorney is essential to an employee that is trying to protect their interests and who wants to understand what their rights are. They help their clients in a variety of ways like the ones stated below:

  • Drafting and preparing claims for their clients.
  • Drafting employment contracts as well as other legal employment documents for their clients.
  • Conducting negotiations on behalf of their clients.
  • Offering legal representation to employees in court or at a tribunal hearing.
  • Offering their clients legal advice for their various employment legal issues.

If you are in need of an employment attorney for any of the above services you can get in touch with an experienced employment lawyer from Trey Merck Law.

What Can Employees Do to Protect Themselves?

One of the main ways that you can do to protect yourself at the workplace as an employee is to be aware of your rights and obligations. Also, ensure that you document conduct that is considered to be discriminatory, seen as harassment, or that violates the federal and South Carolina State laws.

Keep in mind that you do not have to feel intimidated about hiring an attorney to help you take legal action if you need arises. Get in touch with our experienced employment attorney if you are thinking of pursuing a claim against your employer. At Trey Merck Law we have experience in employment litigation. Our employment law firm has offered our legal services to victims just like you and we have helped them ensure that their rights were protected.

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