In the world of employment, there exist a variety of issues and problems arising in diverse workplaces. Employment lawyers play a vital role in assisting both employers and employees.
There are state, federal and local laws on employment set to assure fair and just treatment of employees. Employment lawyers typically specialize in a few areas because of the existence of numerous laws in this context.
If the business is made up of more than one employee, the n it is most likely that the business uses employment law.
What Do Employment Laws Protect Employees?
- They help prevent discrimination towards employees
- They promote employee’s health and safety
- They prevent disruptions is a result of disputes between the management and labor
- They help to establish a minimum level required for economic support
Scope Of Employment Law
The employment lawyers Parramatta engage a variety of issues in the process of counseling and providing advice to the employees. Some of these issues include:
- Compensation of employees
- Sexual intimidation and harassment
- Dissolution of employment
- Workstation safety
- Confidentiality rights
- Worker benefits
- Wage and overtime standards
- Employee discrimination on basis of race, belief, sex, age, disability, color, creed, medical condition or ancestry
Roles Of Employment Lawyers
- Employment lawyers may review employment contracts, offer advice and enlighten the clients about their employment rights and privileges. In the process, they recommend legal action, mediation among employers and employees and representing them in the court of law against employers.
- Employment lawyers help to cross the gap between employees and their employers by handling legal matters which take into account collective bargaining.
- They also give advice to employers in creating workstation policies and procedures that comply with the state, federal and local employment laws. This helps to minimize lawsuits and conflict by their employees.
- Employment lawyers also represent employers before the administrative boards of the government when necessary or by defending them in federal and state courts.
Employment lawyers must possess a particular skill set in order for them to excel in their field. They require:
- Excellent research, writing and communication skills
- Self-management and interpersonal skills that help them to effectively guide clients and meet deadlines
- Be analytical
- Be responsible
- Be persistent
- Be flexible
- Be creative
The ‘At Will’ Presumption
The law in nearly all states presumes that employer-employee relationships are at will. This means that the employees and their employers are free to terminate the relationship at any time they so wish to do so and for any reason.
Courts may overlook the “at will” assumption when some exceptions apply. The commonest exceptions are public policy issues.
For instance, employers have no authority to fire an employee on the basis of:
- Discriminatory reasons
- In retaliation for filing a claim on workers’ compensation
- Disclosure of violation of law to the authorities
- Firing an employee in order to deny them bonuses or other benefits
Courts are often called upon to interpret certain clauses and their meaning in cases involving employment contracts.