Employment laws are intended to regulate the relationship between employers and employees. They stipulate what can and can’t be done and the mechanisms to protect people’s rights. However, understanding and interpreting the law is far from easy. If you are going through problems with your employer, your best choice is to consult an employment lawyer.
6 Things an Employment Lawyer Can Do for You
1. Determine If Your Termination Was Legal
Missouri, like most states, is governed by at “at-will” employment doctrine. This means that an employer does not need a reason to fire you. However, some parameters determine the legality of a termination. Before accepting a severance package or signing any documents, you must talk to your lawyer. If your contract ended under sketchy circumstances, contact a lawyer immediately.
2. Represent You in a Discrimination or Harassment Case
Discrimination is forbidden in all states. The Equal Employment Opportunities Commission enforces the following laws:
- Equal Pay Act of 1963
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act of 1967
- Title I of the Americans With Disabilities Act of 1990
- The Pregnancy Discrimination Act
According to these laws, no one can be discriminated against based on ethnicity, gender, religious beliefs, sexual orientation, or disabilities. Many actions constitute discrimination. Threats, jokes, unequal promotion opportunities, and sexual harassment are forms of discrimination. If you are a victim, you need to talk to Kansas City employment lawyers to help you protect your rights.
3. Protect You Against Retaliation
As an employee, you have the right to complain if specific work standards are not met. Suppose your place of employment is breaking safety regulations or not paying you fairly (withholding wages or refusing to pay overtime). You need to file a claim with the appropriate government agency in that case. As a “whistleblower,” any activities surrounding your complaint are protected by law. If your employer is retaliating against you, it constitutes workplace discrimination, and you may be entitled to compensation.
4. Evaluate Your Contract
Companies fill employment contracts with legal jargon to discourage employees from filing claims against their employers. If your agreement includes anything you don’t fully understand or don’t feel comfortable signing, it’s best to seek professional legal advice. A lawyer can verify that you won’t sign anything that may be used against you later on.
Beware especially of clauses regarding non-compete or non-disclosure agreements, and never sign them before a lawyer checks them for you.
5. Protect Your Rights After a Work-Related Injury
If you are injured in the workplace or while performing your duties, your employer cannot terminate your employment or stop paying your wages. In this scenario, your employer most likely is liable for medical expenses and loss of income. Companies with more than five employees must have workers’ insurance in Missouri, and if your employer does not have it, you need to file a case in court.
Even if your company provides workers’ insurance compensation, you need an attorney to review your case and help you determine fair compensation. Never discuss particulars of your accident with insurance companies without your attorney present.
6. Help You Build Your Case
In most scenarios stated above, you will need to work closely with your attorney to build a strong case. You will need help from a lawyer to:
- Determine where to file your complaint (before going to court, you’ll need to file with the appropriate government agency).
- Gather evidence and fill out paperwork according to procedural standards
- Determine liability
- Negotiate settlement offers
- Represent you in court
While you may be tempted to move forward without representation, this is never recommended. Most employment attorneys will only charge you if you win the case and receive compensation (their payment is a percentage of your compensation). However, you must be prepared to cover additional expenses, such as filing fees.
For Employers
If you are an employer, hiring an employment attorney is essential. Depending on the size of your business, you may choose to have someone on retainer or hire them on a case-to-case basis. Your lawyer can offer vital advice regarding employment decisions, such as when to terminate a contentious employee or suggest the best type of contract for a particular situation.
A lawyer can also help you deal with lawsuits and complaints, review policies and handbooks, and ensure they comply with federal and state regulations. If you are a small company and do not have a Human Resources department, a lawyer’s opinion and help are essential.
The first step toward finding a suitable attorney for your business is to ask for personal recommendations. An online search, primarily through the State Bar’s database, can offer valuable information before making a final decision. Once you select someone, ask for a written contract that specifies fees and responsibilities.
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