Employment Law Attorneys

What is employment law?

Employment law is the category of law that governs the relationship between employer and employee, regulating workers, managers, business entities and unions. In the United States, employment law consists of several federal laws (notably the Fair Labor Standards Act, the National Labor Relations Act, the Equal Pay Act, the Age Discrimination in Employment Act, and Title VII of the Civil Rights Act), as well as various state laws, administrative regulations, and judicial decisions.

What does an employment lawyer do?

An employment law attorney represents employees whose rights have been violated or who otherwise require legal representation to deal with aspects of their employment. Some of the matters an employment law attorney may be involved with include:

• Wrongful termination
• Discrimination, harassment, and hostile work environments
• Medical leave, including the Family Medical Leave Act (FMLA)
• Retaliation (for instance, against employees who report misconduct)
• Negotiating severance and handing career transitions
• Contract disputes
• Wage and hour claims (such as unpaid work or unpaid overtime)

Many employment law matters hinge on “protected classes;” for instance, it is illegal to fire someone because of their sex, race, religion or disability. An employment law attorney may be called upon to intervene to stop harassment or discrimination, or to investigate whether an adverse employment action was based on a protected reason. Employment lawyers may be involved in negotiations with an employer or litigation in civil court. They may also provide defense against any counterclaims made by the employer.

Some employment law matters affect an entire group of employees – for instance, an employer’s practice of misclassifying employees as independent contractors may cause numerous employees to lose out on overtime and benefits. In those situations, an attorney may represent the entire group in a class action lawsuit against the employer.

How much does an employment law attorney cost?

The cost to hire an employment lawyer varies significantly depending on the type of matter to be handled. Some types of matters are billed by the hour, for which the attorney may charge anywhere from $100 to $500 per hour depending on their level of experience, the complexity of the legal issue and the overall time commitment. 

Other cases may be handled on a contingency fee basis, meaning the attorney’s fee is a percentage of the eventual recovery (usually 30 to 40 percent). In this arrangement, the client generally doesn’t pay the attorney up front (although some attorneys may ask for a retainer payment); rather, the attorney gets paid when the case settles or a court awards damages (financial compensation) to their client.

How do I find the right employment law attorney?

It’s important to keep in mind that talking to an employment lawyer isn’t always adversarial, even if your employer may perceive it as such. Some situations call for litigation, but most employment disputes are settled outside a courtroom. As such, your goal is to find an attorney who will look at your situation holistically and recommend the right approach to meet your needs, whether that approach is aggressive or conciliatory. Your lawyer’s goal should be to protect your rights and help you overcome challenges to your career, whether that means resolving the situation at your current job or transitioning to a new job.

Because of the vast number of laws and regulations that apply to employment matters, you need an attorney who has specialized experience in employment law and a winning track record in cases like yours. You also need an attorney who you can trust to give you candid advice about the strength of your case and the viability of your legal options. Unfortunately, there are many unfair employment practices that don’t actually break any laws, but a good lawyer may still be able to suggest negotiation strategies or other options.

Some employment lawyers offer a free consultation, but even if you have to pay for that initial meeting, it’s usually worth your while to get answers about your legal rights and options. Find an employment law attorney near you to help take charge of your career.