5 Ways Employment Lawyers Can Help Clients Fight Back

Layoffs occur all of the time in big, medium-sized, and small companies for various reasons. Slow sales, cost-cutting measures, downsizing, and new technology are common reasons for layoffs. But what if the client believes they were laid off for another reason? Is there anything that they can do about it?  Here are 5 ways that an employment lawyer can help clients fight back.

Wrongful termination. State and federal laws prohibit the firing of an employee on the basis of religion, gender, ethnicity, race, or disability. Additionally, laws prohibit the firing of an employee because the employee reports an employer’s wrongdoing or unlawful business practices (also known as a whistleblower). Clients should have an employment lawyer review their case if they believe that they were laid off for one of these reasons.

Unpaid wages/overtime. Employers may lay off employees because their compensation is too high. This is especially the case when the company has implemented new technology that can do the same job much cheaper than the employee. (Think Ford’s assembly line model where workers have been replaced by robots.) However, clients are entitled to at least the mandatory minimum wage and overtime wages from their employer, which is governed by state and federal law. An employment lawyer can take legal action on a client’s behalf if the client was laid off without being paid what they were owed.

Employment Contract Review. Sometimes a client’s employer may enter into a contract with your client which details the client’s compensation, job description, and conditions for employment termination. An employment lawyer can help clients understand the terms of the contract before they sign, or can file a breach of contract action if the client was laid off by their employer in violation of the contract.

Understanding state and federal employment laws. There are a number of state and federal employment laws that cover issues ranging from hiring veterans, mandatory minimum employee wages, and retirement plans to illegal layoffs. An employment lawyer is knowledgeable of these laws and can analyze the client’s specific legal issue to determine if a state or federal employment law has been violated.

Worker’s Compensation. If a client is injured on the job, then they may need to file a worker’s compensation claim. An employment lawyer can assist the client with filing the claim or, if the client was laid off because they were injured on the job, obtain a copy of the employer’s policies or manuals to determine the client’s legal options.

As the saying goes, if someone else is laid off, it’s a recession; if your client is laid off, it’s a depression. But time (and in some cases, legal action) can heal all wounds. Employment lawyers can assist clients with understanding their options and fighting back against their employers.

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This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.