Employment lawyers’ expertise is in employment laws that govern employee rights, workplace operations, and employer obligations. When legal disputes in the workplace arise between employees and employers, employment lawyers/attorneys provide legal representation for either party in workplace disputes.
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 Does An Employee Need An Employment Lawyer?
If you are an employee, consult our employment lawyer’s expertise when your workplace experience resembles any of the following violations of employee rights:
- Unfairly discharged from a job: Being illegally fired, laid off, terminated, or otherwise discharged.
- Distressed work environment: Indirect unprofessionally negative workplace social tension and pressure, passive-aggressive or otherwise. An employer’s unprofessional or unreasonable stressors of an employee’s physical, mental, and emotional states are valid bases for lawsuits.
- Abused or harassed at work: Harassment is when you are directly violated repeatedly by one or more persons’ unwanted, inappropriate, or illegal behavior against you. Discriminatory aggression, intimidation, or hostility based on legally protected classes is prohibited by law.
- Discriminated against in the workplace: Violation of protected classes.
- Unsafe working conditions: Dangerous work practices and environment
- Owed wages, payment, or other employment compensation: Unfair or illegal compensation issues such as:
- Wage Theft
- Unpaid Wages
- Owed Overtime Pay
- Forced Overtime
- Benefits Precluded
- Unfairly or illegally denied leave
Employment law complaints may be a mixture of the aforementioned types of employment violations.
How Much Does an Employment Lawyer Cost?
Employment lawyers use three fee schedules: contingency, hourly, and flat. We at Eldessouky Law only take your lawsuit on contingency: we are solely paid from a portion of your employment lawsuit’s winnings, if any. We can get you started with a free consultation to determine the strength of your lawsuit, and explain legal relief you may sue for.
Cost of other employment attorneys vary based on their experience, and the breadth of the employment lawsuit. Attorneys consider employment lawsuit complexity to determine the employment lawyer’s fee schedule:
The client is not responsible for lawyer’s labor fees; any applicable court, material/discovery, and other experts’ fees still apply. Employment lawyer’s fees are solely paid from lawsuit settlement proceeds; therefore: no win, no attorney fee. Employment attorneys agreeing to this have the most confidence in your claim and its evidence. Contingency is exclusively how we at Eldessouky Law take your case.
California employment attorney median rates range from $350 to $450, depending on an employment lawyer’s experience. Other California lawyers may prefer this flexible pay schedule for complex employment law lawsuits. The lawyer may charge a retainer fee to begin, which is an up-front advance for work he is to perform.
For predictable employment lawsuits, an attorney may prefer a flat fee. The employment lawyer may require some or all of their fee to begin (“retainer fee”), or offer split payments over the course of representation.
California lawyer fees are regulated by California State Bar Rule 1.5 Fees for Legal Services. Attorney fee schedules do not include court fees or out-of-pocket fees the attorney may accrue in the course of representing your lawsuit: filing fees, travel, lodging, and other required material expenses.
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:
What Expertise Can an Employment Lawyer Offer To Resolve My Workplace Issue?
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 attorneys 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:
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.
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. The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. These laws protect employees and job applicants against harassment, discrimination, and unfair treatment in the workplace by anyone because of:
- Race, National Origin
- Skin Color
- Religious or Spiritual Beliefs
- Gender/Sex: gender identity, transgender status, and sexual orientation
- National origin
- Age; only if over age 40
- Disability; physical, mental, emotional.
- Genetic information; ancestry, appearance, recessive family genes
- Medical condition; maternal
- Being denied reasonable workplace accommodations for disability or religious beliefs
- Retaliation after employees:
- Complained about job discrimination
- Helped with an investigation or lawsuit
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.
Unsafe Work Practices and Conditions
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.
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.
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.
Lack of Accommodation
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.
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.
Employment Contract Issues
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.
Why Should I Hire Mr Eldessouky as My Employment Attorney?
Attorney Eldessouky exclusively defends employees that have been violated by their employer or co-workers. He is an employment lawyer that specializes in trial litigation; he is skilled and ready to present employment lawsuit arguments that win at trial hearings. Even though employment law cases commonly settle out of court, Attorney Eldessouky prepares a case for successful litigation by thoroughly analyzing the evidence of an employment lawsuit’s claims. This approach places his clients in the best possible position to receive the maximum amount of compensation to which they’re entitled for their employment lawsuit. Attorney Eldessouky wins employment lawsuits for employees with results such as:
- $1,140,000.00 for disability discrimination and unreasonable accommodation for a registered nurse who worked at hospital.
- $325,000.00 for disability discrimination and failure to accommodate a nurse.
- $140,000.00 2 months before trial. religious and racial discrimination against one of the nation’s largest retailers.
- $100,000.00 for harassment of a senior employee at a major amusement park.
- $80,000.00 for sexual harassment against warehouse employee.
- $70,000.00 for disability discrimination against nurse employee for major hospital.
- $65,000.00 for disability discrimination against salesperson at furniture outlet.
- $45,000.00 early settlement for emotional distress damages for employees still employed and not terminated by employer.
- $390,000.00 for wrongful termination of an employee who complained of gender based discrimination.
- $315,000.00 for failure to prevent harassment and wrongful termination.
- $250,000.00 for wrongful termination and age discrimination under the pretenses of a layoff.
- $169,000.00 – wrongful termination of day laborer, only employed for 3 months.
- $85,000.00 for unpaid wages and retaliation.
- $75,000.00 for unpaid wages of a restaurant employee.
- $65,000.00 for misclassification of an independent worker and unpaid wages for a sales employee.
- Severance agreements – we get great results without having to file a lawsuit.
- Original offer started at $34,000.00 negotiated up $110,000.00.
- Original offer started at $17,000.00 negotiated up to $48,000.00.
- Original offer started at $18,000.00 negotiated up to $90,000.00.
Regardless of specifics of your employment law situation, working with an employment lawyer will drastically increase chances of winning a significant compensation award, reinstatement, a safer work environment, and/or other consequences designed to hold your employer accountable for their legal violations.
A free consultation with Attorney Eldessouky offers you the opportunity to have your questions answered, and to explore your legal options. Once he learns about your exact employment law violations, 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 discerning 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 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.