The United States is known as the land of opportunity. The country has the opportunities, tools, and career openings to build a successful career life. Despite this high level of employment opportunity, there is still room for improvements. There are still cases of unfair hiring practices, disadvantages to working conditions, and a lack of employee care. For this reason, employment lawyers are valuable to the working country. What does an employment law attorney do?
Fight for equal hiring rights
The land of opportunity implies that anyone, regardless of age, gender, race, sexual preference, or religious beliefs can achieve employment. The country has made it illegal for employers to not hire someone based on any of these characteristics. Unfortunately, it still does happen. What does an employment law attorney do? They fight for equal hiring rights. They represent the employees that are wrongly treated and not hired because of these aspects.
Handle appeal cases
The United States legal system is set up in a way that a person can have their case heard by multiple parties. If a local governing department does not rule in a fair way, the person has a chance to take it to the next level in an appeals process. This means that they can have their case heard by an entirely new group of people. This improves the chances of fairness and equality. An employment lawyer will evaluate a case and its likeliness of winning in an appeals court.
Sometimes, they might also handle arbitration cases. According to the American Arbitration Association, alternative dispute resolution (ADR) is the preferred conflict management process in the construction industry. The median time frame from filing to award for 2015 construction arbitration cases was just 232 days or less than eight months. However, the exact length of the arbitration or appeals process will depend on where it is currently at in the legal process. According to the ADR, arbitration cases are resolved much faster than litigation. Federal court statistics show that the median length of a jury or bench trial in civil cases is 27.2 months or more than two years.
Lobby for employee rights
Once an employee is hired, they are expected to receive fair compensation and fair treatment. Again, this is not always the case and legal charges are brought upon the employer. Labor laws also prohibit the hiring of young children and the mistreatment of those with disabilities. When a business is accused of ignoring government labor laws, they can face severe charges and fines. The employment law attorney is a crucial part in lobbying and fighting for these employee rights.
Contract disputes are another common form of employment law. What does an employment law attorney do with contract disputes? When an employee and employer sign a contract, that contract is expected to be held up for the length of the employment. A lot of disputes arise over the specific wordings and meaning of different parts of the contract. An employment law attorney is usually experienced and educated in the specific terms and verbiage of the legal system. They can be extremely effective in reviewing and challenging a contract. However, it is important that the employee is within the statute of limitations for challenging the employment contract. Per Texas law for example, a breach of contract claim must be filed within four years, unless the contract specifies two years.
The United States was built upon fair and equal employment rights. This sets the path for a nation of opportunity. An employment law attorney is an important part of upholding this opportunistic standard. What does an employment law attorney do? Well, they do a little of everything. They fight for equal hiring rights, navigate the appeals process, review contracts, and lobby and fight for employee rights.