Understanding The Right Time To Get A Labor Lawyer

Just like the employment lawyers, a labor lawyer has expertise in employment laws, too.

Labor lawyers can and do represent both the employer and the employees. However, what really distinguishes a labor lawyer from an employment lawyer is that the labor lawyers deal with employees who are a part of labor unions while the employment lawyers work with unionized employees. Thus, naturally, labor lawyers spend a lot of their time in the scenarios of the creation of a new union, resolving conflict between unionized employees and the employer, and helping both the parties; employees and employers negotiate with each other.

There are certain situations that demand the help of a labor lawyer for both the employer and the employees. Let’s find out more about them.

As an employee

Filing a lawsuit against the employer

Even after a lot of avoidance and continuous complaints to HR about issues that concern an employee, when the issues aren’t still resolved and there is a lot of ignorance from the employer’s side, unionized employees can opt for a labor lawyer and file a lawsuit against the employer as he is not taking serious workplace concerns, e.g. abuse and harassment seriously and the company as a whole entity for bad management. This comes as a last resort but is pretty important to protect the rights of the employees.

Strike negotiations

During a labor strike by the labor unions, there is always a need for negotiation between the union and the employer. These negotiations can be anything ranging from salary negotiations to contract negotiations. During a strike negotiation, it is better to have a labor lawyer for better legal advice and communication with the employer.

Unreasonable firing

If you are an employee and you have been fired from work without a solid reason, a labor lawyer can be a very good medium to seek justice and compensation. In modern-day business practice, law abides by all employers to give employees a proper cause of termination while firing them. However, if this reason is unsatisfactory and impractical and the employer isn’t taking your concern seriously, you can always fight it in court with proper legal representation.

Refusal to severance and compensation

As unionized labor, if a person is not receiving the promised amount of salary from their employees, legally they can sue their employer in court with the help of a labor lawyer. Even after firing an employee on the grounds of factors like downsizing, the employer is supposed to provide a severance package as compensation. If you are not receiving these benefits, you may take legal advice from a labor lawyer.

As an employer

Potential strike plans by your employees

When you believe or have a gut feeling that there is going to be a union strike, it is best to already have a labor lawyer. Labor lawyers can help you break down complex laws and make it easier for you to understand them completely in order to handle the strike more gracefully and effectively.

Firing an unionized employee

It becomes a pretty complex task to fire unionized employees. Thus it is always advisable to consult with a labor lawyer before firing an employee who is a part of the labor union. Even when you believe that the employee getting fired has done misconduct, theft, or any kind of malicious activity in the company, it is still good to just take a quick opinion from expert labor laws.

Conclusion

Be it the employer and his business or the employees and their unions, both require legal solutions in order to better communicate and solve issues without spending a reckless amount of money and time. Hiring a labor lawyer can be as effective for legal advice as it is for suing the other party or even the out-of-court settlement.