Career Advice

4 Types of Cases Handled by an Employment Lawyer

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Expert employment lawyers, such as those at HKM, are experts in all areas of employment and labor. They work closely with clients to overcome workplace issues, which may include wage and pay disputes, wrongful termination, discrimination, and contract disputes.

Employment lawyers are specialists in employment and labor laws at both the federal and state levels. Their expertise enables the easy resolution of workplace problems to ensure fair and safe treatment of employers and employees alike.

Below, we’ve discussed four types of cases that an employment lawyer may handle within their scope of practice.

Discrimination

Discrimination is the act of treating a person differently based on one or more of their protected characteristics, such as age, sex, gender orientation, ethnicity, race, cultural beliefs, religious beliefs, disability, or pregnancy.

There are anti-discrimination laws and policies to prevent discriminatory behavior in the workplace. However, it is still a common issue for many employers and employees. If an employer or employees notice discrimination within the workplace, they may choose to hire an employment lawyer and take legal action against the perpetrator(s).

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Contract Disputes

Employment contracts are complex and intricate. As a result, they’re easily misunderstood and are often the root of legal claims in the workplace. Contract-related issues may revolve around wage disputes, paid leave, employee benefits, or redundancy pay.

Employment lawyers are experts in resolving contract issues. They can negotiate with employers to ensure the fair treatment of employees and can represent employees in court if they decide to take legal action over contract breaches.

Employment lawyers may work alongside employers to create and finalize employment contracts to ensure they are free of errors and legally compliant.

Wrongful Termination

Wrongful termination (also known as wrongful dismissal or unfair dismissal) refers to when an employer terminates an employee’s contract without providing a fair and legal reason for doing so. Often, wrongful termination is based on discrimination or personal biases.

An employee may choose to hire an employment lawyer to resolve wrongful termination issues. The lawyer will gather evidence in favor of their client’s claim and represent them at the employment tribunal or in court if necessary to ensure a fair outcome. The employee might wish to request their job back or claim compensation.

Constructive Dismissal

Constructive dismissal differs from wrongful dismissal, although both involve the tarnation of an employment contract. In constructive dismissal cases, the employee feels that they have no choice but to hand in their notice and stop working for a particular employer because of something their employer has done.

An employee might file a constructive dismissal claim if they feel that their employer has discriminated against them or breached their employment contract in one way or another. An employment lawyer can work with the employee to gather evidence for their case and liaise with the employer to try and overcome the issue.

If the employment lawyer is unable to come to a fair agreement with the employer, they may advise their client (the employee) to escalate their case to the employment tribunal.

Employment and Employee Rights
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