Employment Practice Areas

What Is Employment Law and What Are Employment Lawyers?

Employment lawyers focus their practice on assisting clients in matters governed by employment law. Employment law broadly regulates the rights of employees and the obligations of employers at the federal, state, and local levels. Employment lawyers may defend either workers or employers who are party to a workplace dispute. They also help both workers and employers navigate compliance challenges related to employment law. If an employment law has been violated, an employment lawyer will clarify the legal rights of those who have been harmed. Should the party who has been harmed wish to pursue legal action, an employment lawyer will construct a compelling legal argument to advance the goals of that action.

Due to the complexities of this area of law, and the potential consequences associated with either acting or failing to act if your rights have been violated, it’s important to contact an employment lawyer if you are facing any of the following workplace challenges:

  • Accommodation Issues
  • Contractual Questions
  • Discrimination
  • Harassment
  • Hostile Work Environment
  • Leave of Absence Challenges
  • Misclassification
  • Retaliation
  • Severance Issues
  • Unsafe Working Conditions or Practices
  • Wage and Hour Law Violations
  • Wrongful Termination

Depending on the specifics of your situation, working with an employment lawyer can result in a significant compensation award, reinstatement, a safer work environment, and/or other consequences designed to hold your employer accountable for their legal violations. Don’t let concerns about legal fees keep you from contacting an experienced employment lawyer if you’re in need of assistance. Sliding scale fees, contingency fee arrangements, and other common sense fee structures can help to ensure that you can afford legal guidance regardless of your financial situation.

If you’re struggling with any of the employment-related legal issues listed above, please contact an experienced employment law attorney at Eldessouky Law today. Once we learn more about your specific situation, we can advise you of your legal options and provide any legal guidance and support of which you may be in need.

Employment Lawyer Practice Areas

What Does An Employment Lawyer Do?

An experienced employment attorney checks alleged workplace complaints for violations of employment laws; competent identification of broken employment laws requires an employment lawyer experienced to identify complaint violations during this stage of discovery. The workplace attorney then prepares the legal underpinnings of the employment lawsuit argument by juxtaposing violations upon statutorily adequate legal basis. An experienced employment attorney creates the motion(s) of a lawsuit’s argument upon thorough research to relate the legal substance of employee’s complaints with current legal precedence. The employment lawyer then files the motion in the court of jurisdiction to request hearings be conducted to attempt to compel a California or Federal court to rule in favor of the employee. Our experienced employment attorney would then argue for courts to provide relief the employee is legally entitled to in the best effort to right an employer’s wrongdoing.

When Should I Hire an Employment Lawyer if I Am an Employee?

You should schedule a consultation with an experienced employment lawyer any time that you find yourself dealing with any of the following legal challenges. Meeting with a lawyer will allow you to better understand both your rights and how the law applies to your specific circumstances.

Accommodation Issues

Breastfeeding, disability, pregnancy, and religious practices may all necessitate certain accommodations in the workplace. If an employer fails to make reasonable accommodations for their workers as required by law, an employment lawyer can help to hold them accountable for these violations of workers’ rights:

  • Breastfeeding – The Affordable Care Act amended the Fair Labor Standards Act to mandate that employers provide “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk” and “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”
  • Disability – The Americans with Disabilities Act prohibits workplace discrimination based on an individual’s disabilities. Under this law, employers are required to provide reasonable accommodations for disabled workers so that they can have equal access to job functions, responsibilities, and opportunities. As long as the requested accommodation doesn’t place an undue burden on the business, it must be granted per the ADA. For the purposes of the ADA, pregnancy is classified as a disability. As a result, pregnant women are afforded the right to accommodations under this statute.
  • Religious Practice – Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace based on religion. This protection extends to the accommodation of an employee’s “sincerely held religious beliefs or practices.” For example, if a Muslim worker needs a safe space and time to pray according to their sincerely held beliefs and practices, an employer must provide this accommodation unless doing so would impose an undue hardship on the employer’s operations.

Contractual Questions

Employment contracts govern legal issues such as compensation, benefits, whether you’re an “at-will” worker, worker classification, severance, and confidentiality. If you sign a legally enforceable contract and you breach its terms, you could be held accountable for breaking your agreement. Similarly, if your employer breaches your contract, you may be able to hold them accountable for that behavior. Either way, if a contractual dispute has arisen, regarding hiring, non-compete clauses, non-disclosure provisions, severance, or any other employment law issue, an attorney can help you understand your options and protect your rights. For example, if an employer is trying to hold you to the terms of a non-compete clause, an employment attorney can defend your rights under California Business & Professions Code section 16600, which renders non-compete clauses unenforceable in California.

Discrimination and Harassment

Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on religion, also prohibits discrimination on the basis of race, ethnicity, sex, and national origin. This law also prohibits sexual harassment in the workplace. Additional laws (including the Americans with Disabilities Act, and the Age Discrimination in Employment Act of 1967) prohibit workplace discrimination based on age, disability, gender, sexual orientation, and genetics. Acts of discrimination in the workplace can be subtle or obvious, single-acts, or institutionalized practices. Regardless of the specifics of your situation, consulting with an experienced attorney can help to protect your right to work free from unlawful discrimination and harassment.

Hostile Work Environment and Retaliation

Although there is no federal law prohibiting a hostile work environment, discriminatory practices, sexual harassment, and/or retaliation can provide the basis for a hostile work environment claim. An experienced attorney can work with you to gather the evidence required to make such a claim, when applicable. Additionally, an attorney can hold employers accountable for unlawful retaliation. The False Claims Act, work safety legislation, the discrimination statutes noted above, and other laws protect workers from retaliation in the workplace. Retaliation is, essentially, punishment for engaging in a legally protected activity such as voting, submitting a work safety complaint, filing for workers’ compensation benefits, or taking a legitimate leave of absence per the Family Medical Leave Act.

Leave of Absence Challenges

There are times when workers may take legally protected absences from work under the law. If an employer refuses to grant a protected leave, fires a worker in retaliation for requesting or taking leave, demotes the worker as a result of the leave, etc. an employment lawyer may hold that employer accountable per the Family Medical Leave Act, California Family Rights Act, and/or other relevant statutes.

Misclassification

If you are an employee and your employer misclassifies you as a contractor, you will be denied benefits and protections you’re owed under the Fair Labor Standards Act and other employment statutes. An employment attorney can help you to obtain the compensation and benefits you’re entitled to as an employee.

Unsafe Working Conditions or Practices

The Occupational Safety and Health Act of 1970 and numerous federal, state, and local laws on the subject of worker safety grant American workers the right to enjoy a reasonably safe workspace. Different regulations govern each industry. However, if you’re working in unreasonably unsafe conditions, chances are that your employer is violating existing worker safety laws. An employment attorney can help to clarify your rights and help you submit an anonymous worksite safety inspection request. If you have experienced harm as a result of either submitting a work safety complaint or you’ve been hurt in a workplace accident, a lawyer can help you take legal action accordingly.

Wage and Hour Law Violations

The Fair Labor Standards Act, the Equal Pay Act of 1963 and a host of other federal, state, and local laws govern issues related to compensation, benefits, break times, overtime, timely payment, and other wage and hour concerns. When an employer fails to meet their wage and hour obligations under the law, an employer can assist workers with obtaining back pay, overdue wages, and any other compensation they may be entitled to.

Wrongful Termination

Wrongful termination can be a form of unlawful discrimination, harassment, breach of contract, or retaliation. Depending on the specifics of your case, an employment lawyer can hold your employer accountable for wrongful termination under relevant laws, including those noted above. If you suspect that you’re being wrongfully terminated, resist the urge to accept a severance agreement or to “voluntarily resign” before speaking with an attorney. Exercising one or both of these options may limit your options for future relief.

How Much Will an Employment Lawyer Cost?

There is no single answer to the question “How much does an employment lawyer cost?” because every case is different. Asking an employment lawyer to weigh in on whether the terms of your severance agreement is fair will necessarily be cheaper than litigating a complex discrimination case. Depending on the specifics of your situation, you may encounter any of the following fee structures:

  • Flat fee: Employment law attorneys may charge a flat fee for a specific, straightforward service. For example, if all you need is help submitting an anonymous worker safety complaint to the Occupational Health and Safety Administration, you may be charged a one-time flat fee that isn’t billed on an hourly basis. This fee structure is applied in legal situations that are routine.
  • Sliding scale: This fee model allows employment attorneys to charge different rates based upon their clients’ income. Workers who earn less income pay less for a given service than those who earn more income.
  • Contingency fee: In a contingency arrangement, the client pays nothing upfront. Instead, the attorney’s fees are collected upon successful resolution of the legal matter at hand. Usually, the lawyer’s rate is calculated as a fixed percentage of the total compensation award that the client receives, however it is possible that a lawyer will charge a fixed rate contingency fee if doing so makes sense for a specific case.
  • Hourly fee: When employment lawyers bill by the hour, they may do so on a sliding scale or not. They may charge one rate for the hours they personally spend working on your case and one rate if a paralegal or administrative assistant spends time working on your case.

Employment law attorneys charge different rates and fee ranges based on a number of factors. Complex matters that require a significant time investment are usually billed at higher rates, but this is not necessarily the case in sliding scale and low-percentage or rate contingency cases. Similarly, attorneys who have more experience and are based in cities with a higher cost of living tend to charge more than recent law school graduates and rural attorneys do. It is wholly reasonable to ask an employment lawyer why they charge the rates they do and why they structure their fees in a certain way. Additionally, no matter how an employment attorney structures their fees, this fee information should be provided upfront. Workers should never sign an attorney-client agreement until they understand how they will be charged for a lawyer’s services.

How to Find an Employment Lawyer Near You

An employment lawyer near you must be licensed in the state your workplace issue occurred in. It is ideal to find an employment attorney near the jurisdiction that your employment complaint occurred within, and is familiar in their court. Employment lawyers that regularly practice in these local jurisdictions have become familiar with the personalities, tendencies, and procedures of those courts and its justices. Our employment lawyer at the Eldessouky law firm regularly works in the courts across these counties in Southern California:

Why Should I Hire Mr. Eldessouky as My Employment Lawyer?

Mr. Eldessouky takes great pride in representing hardworking clients whose rights have been infringed upon by their employers. He specializes in litigation, which means that he approaches every case with the mindset that it needs to be prepared to win at trial. Although the majority of employment law cases settle out of court, preparing a case for successful litigation means that Mr. Eldessouky leaves no stone unturned. This approach places his clients in the best possible position to receive the maximum amount of compensation to which they’re entitled.

When you schedule a risk-free, confidential consultation with Mr. Eldessouky, you’ll be given the opportunity to have your questions answered and to explore your legal options. Once he learns about your unique circumstances, he’ll explain your rights under the law and provide personalized guidance that will allow you to make an informed decision about taking legal action.

When you hire Mr. Eldessouky, you will benefit from having a tough, knowledgeable, and compassionate advocate by your side who truly believes that no case is too large or too small to be pursued when workers’ rights are at stake. If your employment-related rights have been violated, do not hesitate to contact Eldessouky Law today. The sooner that Mr. Eldessouky understands your circumstances, the sooner he can begin fighting for your interests.


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