Employment Lawyer: The first thing to know about employment attorneys is employment laws. There are numerous legislations that lay out the guidelines to be followed during the employment process. In order to resolve a conflict, employment lawyers for employees follow these legislations. Among the issues handled by employment law advocates are unpaid salaries, unexplained salary deductions, layoffs, sexual harassment at work, inhumane working conditions, etc.
How does Employment Law work?
Salaries, benefits, and legal rights of employers and employees are all covered by employment law.
Employment is a cycle from initial hiring through to contract termination – making it an incredibly varied legal practice area. The law, regulations, and best practices of employment are constantly changing, so Employment Lawyers need to stay abreast of the latest developments in order to succeed.
What does an employment lawyer do?
Employer-employee relations are governed by employment law, upholding and protecting both parties’ obligations and rights.
- Providing employment advice, research, drafting, arbitration, and negotiation are non-contentious matters. Contentious issues include breach of contract, discrimination, dismissal, and harassment.
- Legal representation in contentious cases is provided by employment lawyers who advise employees when employers violate the law.
- In contrast, employers may seek the advice of an Employment Lawyer to ensure that they adhere to the laws governing the formation and termination of employee relationships. It is likely that this will involve defending claims, drafting and negotiating employment contracts, and offering HR advice.
Law firms, government agencies, in-house legal departments, and employment agencies employ employment lawyers.
An employment lawyer’s responsibilities
An Employment Lawyer’s duties can vary depending on the company they work for and whether their caseload is contentious or non-contentious. However, a typical job description may include the following:
- Conducting legal research on past cases and documents.
- Preparation of employment contracts, claims, or other legal documents.
- Providing clients with legal advice.
- Client-side negotiation.
- Representing clients in court and tribunal proceedings.
- Employers and employees should have their best interests at heart.
- Keeping abreast of new developments in employment law.
What it takes to become an employment lawyer
In order to become an Employment Lawyer, you must qualify as a Solicitor. This will require studying for a law degree – or another degree and a law conversion course – and completing the Legal Practice Course (LPC).
If you want to stand out to prospective employers, you must demonstrate a genuine interest in employment law once you have qualified. As a member of the public, you can demonstrate commitment and dedication to the practice area by attending employment tribunals and keeping up with changes in employment law. Studying for a CIPD accredited qualification, such as the Advanced Award in Employment Law, can enhance your skills and expertise together with your full-time job.
Skills of an employment lawyer
Any Employment Lawyer job description will likely include some of the following skills:
- An approach that is sensible and methodical.
- Ability to make difficult decisions with good judgement.
- Proactivity and adaptability are essential.
- Negotiation and drafting skills are strong.
- Research and organizational skills are essential.
- Detail-oriented and accurate.
- Communication skills with the ability to explain legal matters clearly and concisely to clients.
What is the average salary of an employment lawyer?
Depending on factors such as experience level, employer type, and location, Employment Lawyers earn an average of £52,857 per year.
In London, NQ and junior Employment Lawyers can earn between £30,000 and £35,000, while experienced Lawyers can earn between £75,000 and £90,000.
Career Path for Employment Lawyers
Developing your career as an Employment Lawyer will be a rewarding experience.
As you gain knowledge and experience, you will be able to supervise junior Employment Lawyers or oversee business development activities.
After several years of experience, Employment Lawyers working in-house might advance to Head of Legal or General Counsel roles.
How much does an employment lawyer cost?
Lawyers are often associated with large sums of money that need to be spent. Individuals often imagine having to spend their life savings defending a lawsuit. Then they wonder, “How much does a labor attorney cost?” or, “How much does an employment attorney cost?”
Good news, attorney’s fees are often very reasonable. In many cases, an attorney is willing to work with a client on their payments if they know the client cannot afford it all at once.
It is the duty of an employment lawyer to ensure that employees are treated fairly and that their employers are not violating any laws. Employment lawyers may handle many legal issues related to employment, including:
- Termination without cause;
- Discrimination at work;
- Harassment;
- Violations of contracts;
- Protection for whistleblowers.
Factors which affect the cost of employment lawyer
There are several factors that determine how much an employment lawyer costs. These factors include the circumstances of the case, the lawyer’s skills, and the location. Attorneys typically use one of three types of fee schedules.
- Rates per hour;
- Fees on a contingency basis;
- Fees are flat.
Generally, attorneys charge an hourly fee for handling employment cases if their client is the employer. The average hourly fee for an attorney’s services ranges from $100 to $400 depending on their location and experience. Some attorneys charge as much as $1,000 per hour, so it is crucial to discuss the attorney’s hourly rate before hiring them. If an attorney charges an hourly rate, they may also charge a retainer fee. A retainer fee is a fee paid in advance and based on an hourly rate. As with a down payment, future fees and costs are deducted from a retainer. The hourly rate will apply once the retainer is used.
When an attorney represents an employee, they will often charge a contingent fee. A contingent fee means that the lawyer will not charge a specific amount. It is instead a contingent fee arrangement, meaning the attorney will be paid a percentage of the damages awarded at the end of the case if they prevail. “Contingent” means “depending upon”, so how much the attorney will receive is dependent upon the outcome. The attorney does not charge a regular hourly fee in this type of billing arrangement. The percentage that the attorney receives depends on the state and the arrangement.
Most contingency fee arrangements provide the attorney with one-third of the settlement or judgment amount. Contingency fees can range from 5% up to 50%. A contingency fee percentage can be negotiated between the attorney and the client. It is also important to be aware that, even if the attorney does not receive payment until the case is won, the client may still be responsible for up-front fees relating to the case. These may include:
- Fees associated with court filings;
- Costs associated with discovery;
- Fees for expert witnesses;
Overhead fees required to complete the case. If the case is a simpler one, the attorney may charge a flat fee, or one amount, to complete the work on the case. Examples of cases where flat fees are commonly used include:
- Wills that are simple;
- Divorces without a dispute;
- A power of attorney;
Cases involving minor criminal offenses.
How are employment lawyer fees calculated?
A number of factors are considered when calculating employment lawyer fees and answering the question, how much does an employment lawyer cost? A veteran attorney in a large city will charge a higher fee or a higher contingency fee percentage than a new lawyer in a small town. Other factors include:
- Representation type;
- Services to be provided; and
- Fee arrangements.
An important component of the cost is the type of representation. A complex case is more likely to cost more and the contingency fee percentage will increase. The same is true if an aggravating factor or circumstance complicates a simple and routine matter.
The more services the attorney provides, the higher the cost or contingency fee percentage. In some cases, the attorney bundles certain services to keep the costs low. It is also important to consider the fee arrangement when determining the cost of an attorney.
- Bills on a contingency fee basis plus an hourly rate;
- Fees are flat; or
- Provides advice as needed.
An individual with a strong case and a lucrative outcome may have better bargaining power regarding fees. When determining fees, the following factors are taken into consideration:
- Time and effort the attorney has to put into the case;
- The difficulty of the case;
- In order to provide legal services properly, what skills are required;
- Fees charged in the same location for similar legal services by attorneys with similar skills, reputations, and experience;
- If an individual has agreed to a contingency fee, how large the damages requested in the lawsuit are; and how successful the lawsuit has been; and
- Whether the rate is fixed or contingent.
- Choosing the Right Employment Lawyer
Are there any other costs associated with employment lawsuits?
Employment lawsuits may also involve other costs. This is especially true for employers. In the event an employer is not successful in their case, they may be required to pay:
- Attorney’s fees;
- Attorney’s fees for the employee;
- The employee receives a settlement amount.
If an employee files their case in federal court, their award may increase. Consulting an employment attorney before filing a lawsuit is the best course of action.
How Do Employment Law Attorneys Help?
The most important responsibility of an employment lawyer is to ensure employees are treated fairly under the law and to ensure employers meet all requirements. Employment lawyers advise employers and employees about both state and federal employment laws.
Lawyers who specialize in employment law can help with many employment-related issues. For example, they can:
- Review and draft employee handbooks;
- Providing assistance with wage law issues and rights;
- Represent employers before the Equal Employment Opportunity Commission (EEOC);
- Ensure that employees are aware of their rights; and
- Check to see if an employee’s rights have been violated.
Why Should You Hire an Employment Lawyer?
As an employee, it is important to remember that many companies have lawyers on staff who handle employment-related matters.
Attorneys are familiar with requirements and rules that an average employee wouldn’t. When going up against a corporation or business without an attorney, it may be difficult and intimidating.
In addition to providing employers with great advantages, employment attorneys can also review handbooks, contracts, and other documents to ensure compliance with all requirements and prevent future legal problems.
FAQ
- Is it a good idea to hire an employment lawyer?
It is essential to hire an experienced employment lawyer whether you are an employee fighting your employer or an employer trying to prevent future conflicts. There are many services offered by an employment attorney that can aid you in resolving a dispute with your employer or in ensuring your business succeeds.