Labor law can be a tricky beast to deal with. To make it even more difficult, finding a labor attorney can also be a nightmare especially when you are unsure whether you would need one for your business.
However, labor lawyers can represent both employers and employees in disputes and negotiations. Labor law tends to focus on industries with unions such as teachers, policemen, and bus drivers. This becomes particularly important when dealing with strike negotiations and cases of employers against employees.
This article will hopefully give you an idea of whether you need a labor lawyer or not.
Do you need one as an employer?
As an employer, you may want to consult with a labor lawyer if you have been threatened with a lawsuit based on mistreatment, unlawful overtime, discrimination, unsafe working conditions, or wrongful termination. All of these will need a lawyer to defend you against the accusations and investigate the claims. Equally, if you are wanting to fire an unsatisfactory union worker, it is always best to hire an attorney as it will make things easier in the long run.
Should you hear rumblings of a strike, it is well worth investing in a lawyer to help combat this.
Do you need one as an employee?
As an employee of any business, you are entitled to certain rights and privileges. If you feel that they have been infringed, then you may need to contact a labor lawyer. They will become especially important if you wish to file a suit against your employer for mistreatment or if you have been terminated without cause. Also, if you want to negotiate terms during a strike a labor lawyer will help you navigate the tricky waters of employment law.
Labor lawyers can charge by the hour or on a case-by-case basis. This usually happens in cases when there is a lot of money involved. You would not pay anything upfront but your lawyer would take a percentage of your win fees. The rate that you pay will depend on several factors, including which union belong to, how complex your case is, and where you live. This is something that you should establish upfront before you hire a lawyer.
What to Expect
If your legal matter ends up in court and you are the one suing, you will either be compensated by the other side, come to an agreement with the other side or you will lose the case. If you are being sued, the process is much the same. Though you will be paying the money if you lose. A good lawyer will also advise you on other options that do not lead directly into the final court battle. There are many more options than court.
Do you need one?
A labor lawyer can protect your business and yourself from court cases. They can also ensure that the employees you retain are happy and well catered for. You just need to spend time researching a good labor attorney to help you through it.