Why You Need an Employment Lawyer

Workplace disputes can turn your career—and life—upside down. Whether you’re facing discrimination, unpaid wages, or wrongful termination, an employment lawyer protects your rights and fights for justice.

This guide covers 20 critical employment law topics, giving you the knowledge to stand up against unfair treatment and navigate complex labor laws.

1. Wrongful Termination Cases

When Firing Crosses the Legal Line

An employment lawyer can help if you were fired for:

• Reporting illegal activities (whistleblowing)
• Taking protected leave (FMLA, disability)
• Refusing to violate laws
• Discrimination (race, gender, age, etc.)

Recent Case: A sales manager won $450,000 after proving he was fired for reporting accounting fraud.

2. Workplace Discrimination Laws

Protected Classes and Illegal Treatment

Federal laws prohibit discrimination based on:
✔ Race/color
✔ Religion
✔ Sex (including pregnancy)
✔ Age (40+)
✔ Disability

Did You Know? LGBTQ+ workers now have explicit federal discrimination protections under Bostock v. Clayton County.

3. Sexual Harassment Claims

From Inappropriate Comments to Quid Pro Quo

Two main types:

1. Hostile work environment (jokes, images, comments)
2. Quid pro quo (“favors” for promotions)

Key Evidence: Save all emails/texts and document incidents with dates/times/witnesses.

4. Employee Rights and Employer Obligations

What Your Boss Can (and Can’t) Do

You have the right to:

• Discuss wages with coworkers
• Request reasonable accommodations
• Report violations without retaliation

Shocking Stat: 75% of workers don’t know all their legal protections.

5. Wage and Hour Disputes (Unpaid Wages)

Recovering Unpaid Wages

Common violations:

• Misclassifying employees as exempt
• Not paying for overtime
• Requiring off-the-clock work

Success Story: Restaurant workers recovered $220,000 in stolen tips and overtime pay.

6. Non-Compete Agreements and Employment Contracts

When Restrictions Go Too Far

An employment lawyer can challenge clauses that:

• Cover unreasonable time periods (beyond 1-2 years)
• Affect geographically broad areas
• Block work in unrelated industries

Trend: The FTC recently proposed banning most non-competes nationwide.

7. Workplace Retaliation Cases

Protection for Those Who Speak Up

Illegal retaliation includes:

• Demotions after reporting harassment
• Schedule changes following FMLA leave
• Negative reviews after wage complaints

Key Evidence: Timing matters—sudden negative changes after protected activity are suspect.

8. Overtime Pay and FLSA Compliance

When Employers Shortchange Workers

The Fair Labor Standards Act (FLSA) requires:
✔ 1.5x pay for hours over 40/week
✔ Proper classification of non-exempt employees
✔ Accurate timekeeping records

Shocking Fact: 70% of employers violate overtime laws accidentally or intentionally.

9. Employer Defense Against Employee Lawsuits

Protecting Businesses From Frivolous Claims

An employment lawyer helps employers with:

• Documenting performance issues
• Creating legally sound policies
• Conducting proper investigations
• Obtaining employment practices liability insurance

Recent Win: Defended a tech startup against false harassment claims using timestamped Slack messages.

10. Independent Contractor vs. Employee Legal Issues

The $220 Billion Misclassification Problem

Key differences:

IRS Warning: Misclassifying employees as contractors can result in back taxes plus penalties.

11. Family and Medical Leave Act (FMLA) Cases

Your Right to 12 Weeks of Job-Protected Leave

Eligibility requires:

• 12 months with employer
• 1,250 hours worked
• Company has 50+ employees nearby

Common Issue: 43% of eligible workers don’t use FMLA due to fear of retaliation.

12. Workplace Safety and OSHA Violations

When Dangerous Conditions Violate Rights

Employees can:

• Refuse unsafe work without penalty
• Request OSHA inspections
• Report violations anonymously

Deadly Stat: 5,486 workers died on the job in 2022 – many preventable with proper safety measures.

13. Collective Bargaining and Union Rights

Protected Activities Under NLRA

All workers (including non-union) can:
✔ Discuss wages/working conditions
✔ Join or organize unions
✔ Strike under certain conditions

Current Trend: Union petitions increased 53% in 2023 amid “hot labor summer.”

14. Severance Packages and Negotiations

What Your Layoff Agreement Should Include

An employment lawyer can fight for:

• Extended healthcare coverage
• Additional weeks of pay
• Neutral job references
• Waiver of non-compete clauses

Pro Tip: Never sign without 21 days to review (required for workers over 40).

15. Employee Benefits and ERISA Laws

When Companies Deny Rightful Benefits

Common disputes involve:

• Wrongful denial of disability claims
• 401(k) mismanagement
• COBRA continuation errors

Case Study: Secured $2.1M for employees whose pensions were improperly calculated.

16. ADA Compliance and Disability Accommodations

Reasonable Accommodations Required

Examples include:

• Modified work schedules
• Special equipment/software
• Remote work options
• Adjusted break policies

Did You Know? Employers with 15+ employees must comply with ADA requirements.

17. Workplace Investigations and Compliance

When HR Needs Legal Oversight

Proper investigations require:

• Preserving electronic evidence
• Interviewing witnesses separately
• Maintaining confidentiality
• Avoiding retaliatory actions

Red Flag: 68% of internal investigations are flawed, creating legal liability.

18. Social Media and Employee Rights

Navigating the Digital Minefield

Key legal considerations:

• Employers can’t demand personal account access
• NLRA protects collective action discussions
• “At-will” employees can still be fired for offensive posts

Recent Case: Cashier won $100,000 after being fired for complaining about customers on Facebook.

19. Remote Work Legal Considerations

New Rules for the Digital Workplace

Emerging issues include:

• Out-of-state tax implications
• Overtime tracking for hourly remote staff
• Reimbursement for home office expenses

State Alert: CA, IL, and MA require employers to cover remote work costs.

20. Choosing the Right Employment Lawyer

5 Essential Questions to Ask

1. “How many cases like mine have you handled?”
2. “What’s your success rate at trial vs. settlement?”
3. “Who will be my main point of contact?”
4. “Do you work on contingency for my type of case?”
5. “Can you provide client references?”

Red Flag: Attorneys who promise specific results—good lawyers explain possibilities, not guarantees.

FAQs: Employment Lawyer

1. When should I contact an employment lawyer?

Immediately after any workplace rights violation—statutes of limitations apply.

2. How much does an employment lawyer cost?

Contingency (no upfront cost) for discrimination/wage cases; hourly (250−500) for contract reviews.

3. Can I be fired for suing my employer?

No—that’s illegal retaliation with additional damages.

4. What’s the average settlement for wrongful termination?

5,000−100,000+ depending on lost wages and emotional distress.

5. How long do employment cases take?

6 months for quick settlements; 2+ years for complex litigation.

6. Should I quit before talking to a lawyer?

Never—constructive discharge claims are harder to prove.

7. What if my non-compete is unreasonable?

Courts often modify or throw out overly restrictive agreements.

8. Can undocumented workers sue employers?

Yes—immigration status doesn’t negate labor law protections.

9. What evidence should I collect?

Emails, pay stubs, witness contacts, and a detailed timeline.

10. How do I report wage theft?

File with state labor board or federal DOL—we can help.

Conclusion: Stand Up for Your Workplace Rights

Employment laws exist to protect you, but employers count on workers not knowing their rights. An experienced employment lawyer gives you the power to fight back—whether through negotiation or litigation.

Take Action: Consult with a top-rated employment lawyer today about your workplace issue.

“Facing workplace problems? Share your story below or book a confidential consultation now!”

Learn more about other types of lawyers and their specializations : Types of Lawyers and Their Specializations: 20 Legal Specialties Explained