Employment lawyers are used by both employers and employees to resolve disputes between employers and employees. In both capacities, they will be required to do different things:
Employment law is quite wide and a layman employer may not know all that is required of him legally. An employment lawyer is hired to provide him with the information he needs to serve employees. It can be as basic as setting up retirement schemes or it can be as complex as an employee suing because they feel that they were wrongfully terminated.
Most employers will not keep employment lawyers on their payroll but will consult them when they need them. In bigger companies that have a legal department, at least one of the employees there should be an employment attorney.
Employees will need an employment lawyer if they feel that they have not been given fair treatment at work. It can be sexual harassment, termination, loss of compensation – anything that the employee feels can be settled in court.
It is then the job of the lawyer to assess the complaint and determine whether or not the employee has a case. If yes, they prepare a suit to serve on the employer and the matter proceeds to court or is settled out of court.
An employment lawyer asks for a retainer for his services. If he is representing many employees from one company, he might take payment through commission if an award is granted by the court.
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