What does a employment lawyer do?
Employment lawyers advise employees and employers about rights at work: dismissal, discrimination, harassment, unpaid wages, contracts, non-competes and severance or settlement agreements.
At-will employment and its limits
Most US employment is at-will, meaning an employer can generally end employment for any lawful reason. However, it is illegal to fire someone for discriminatory reasons, in retaliation for complaining or whistleblowing, or in breach of a contract. Federal laws such as Title VII, the ADA, the ADEA and the Fair Labor Standards Act apply alongside state laws, which are often more protective.
Deadlines
Most discrimination claims must first be filed with the EEOC or a state agency, typically within 180 days, extended to 300 days in many states. Wage claims and other claims have their own deadlines. Speak to a lawyer promptly.
How it works in Europe
Employees in most European countries have strong statutory protection against unfair dismissal, along with minimum notice periods, and many disputes go to specialist labour courts. EU directives set minimum standards on working time, equal treatment and collective redundancies, which each country implements in its own way.
Questions to ask before you hire a employment lawyer
- What is the deadline for my claim, and when do you need everything from me?
- Do you take cases like mine on a contingency or no win, no fee basis?
- Is there room to negotiate the severance or settlement offer I have been given?
- What evidence should I start gathering now?