California employment attorneys are your best insurance against employment-related legal actions. These are a growing phenomenon in the United States.
Employment laws and an increasing number of labor court cases expose employers of all sizes to considerable risk. For this reason, having access to a qualified defense attorney is in the best interests of any business owner.
Employees benefit from a growing number of employee-rights statutory laws that allow them to pursue workplace lawsuits under a wide range of violations and situations. Labor disputes potentially lead to a trial exposing businesses to allegations of wrongdoing by employees and potential penalties.
Here’s how to understand the role of a defense lawyer in modern employment dispute litigation.
In What Areas of Employment Dispute Law Do Defense Lawyers serve?
Employment law and related matters introduce unique liability challenges that other types of business law don’t. The stakes can be high, and a company must have firm legal counsel to expect a reasonable effort designed to win a verdict. If a company fails to do this, it may experience unfavorable results and face severe penalties.
Employees can pursue lawsuits against employers for many different reasons. Here are some of the areas where a defense attorney can represent a business:
Employees enjoy many protections under state and local laws, and even though many employers maintain ‘at will’ employment contracts, employees can still bring lawsuits if they feel that they have experienced harassment and discrimination.
An ex-employee may choose to initiate a lawsuit if they feel they have been wronged and request representation to settle their claim.
Civil Rights Violations
Employees are protected from workplace discrimination based on immutable characteristics—otherwise known as personal traits. These characteristics include age, race, sex, gender, gender identity/expression, disability, family or marital status, and religion.
Employees claiming to have been terminated for immutable characteristics will automatically be treated as having their civil rights violated.
Whistleblower Retaliation Claims
Whistleblower retaliation claims refer to employees that have reported an employer violation. This initiates an investigation and is protected by law from employer retaliation.
Employee Classification Claims
Employee classification refers to how companies categorize and pay employees for the work that they do. This is often included in job descriptions, as well as initial hiring paperwork.
Misclassification can incorrectly identify employees as independent contractors instead of company employees and can potentially lead to wage-and-hour disputes in a court of law.
Wage-and-hour disputes center around minimum wage violations, unpaid overtime, off-the-clock work expectations, and failure to provide adequate breaks. Overtime pay disputes and the resolution of related lawsuits often focus on class-action approaches, which quickly become expensive for larger companies.
Breach of Contract Claims
These arise when an employee feels that their company is not holding to the terms of their work contract. A breach of contract complaint arises when the company fails to uphold its part of the terms of the agreement.
What Does a Defense Lawyer Do in an Employment Dispute Litigation?
A defense lawyer is a legal professional who represents a business or employer in an employment dispute litigation.
Defense lawyers are responsible for providing legal advice and guidance to their clients, as well as preparing and filing legal documents on their behalf. Defense lawyers must be well-versed in the laws and regulations governing employment disputes and the rights of employers and employees to function most effectively.
Here’s how defense attorneys can help business clients navigate employee disputes and ensure success during legal actions:
Understanding Relevant Law
Employment disputes between businesses and staff can often be complex and difficult to sort out. Skilled evaluation of relevant law and legal precedents is critical. Defense lawyers understand both relevant laws and case history findings and can bring necessary knowledge to their clients regarding what they are up against.
Examining the Complaint
It is critical for businesses to fully understand the exact nature of the complaint against them. Complaints are often complex and multi-faceted and can make it challenging for businesses to understand what they are up against.
Skilled defense attorneys parse complaints into digestible information and help companies consider the legal pathways they may wish to take.
Shaping the Defense
Defense lawyers must be well-versed in the laws and regulations governing employment disputes and the rights of employers and employees. This allows them to formulate and pursue the best legal approach to victory if court action is warranted or helps an employer avoid civil litigation through cooperation with the plaintiff.
Not all employee labor disputes need to go to court. Defense lawyers must be able to advise their clients on the best course of action and negotiate a mutually satisfying settlement between the employer and employees if a pretrial conclusion is sought.
If an employment dispute leads to actual litigation, defense lawyers can smooth the process for employers by effectively communicating with clients, opposing counsel, and the court.
Effective communication can decrease the difficulty of cases and help the company seem ‘fair’ in the eyes of both the public and other company employees.
Knowing the Process
Defense lawyers must be familiar with the rules of evidence and procedure to present a strong case. This knowledge of court mechanics allows defense lawyers to help clients smoothly navigate the court process, eliminating costly mistakes and omissions. This could make the difference between winning or losing a case.
Representing their Clients
Defense lawyers must be able to cross-examine witnesses effectively and present their client’s case in court. Strong, skillful maneuvering in court can ensure a victory that not only benefits the client in the short term but can also allow them to maintain their reputation among the general public.
How to Secure a Defense Lawyer for Employment Dispute Litigation
Business law attorneys in California are critical for the health and well-being of any California business. They not only help to steer businesses through the maze of employment laws but also stand ready to serve you should the need for legal dispute resolution arise.
The professionals at LibertyBell Law Group would be honored to lend a hand. As a highly skilled team with decades of combined experience, we command excellent knowledge of employment dispute ligation and assist hundreds of brands in making an educated choice for their suits.
To request a consultation about your employment discrimination case, you’re welcome to get in touch through our online form to inquire about a no-cost case evaluation. You may also contact us at 866-320-4854 at LibertyBell Law Group today!