The Practice Of An Employment Law Specialist
An employment law specialist is an attorney who practices in this specialty field of employment and labor law which encompasses the relationships between employers, employees and labor organizations. This type of law practice generally does not include workers compensation in it practice, but it does include all aspects of employment law and labor relations law, both in the public and private sectors.
Much of the work that an employment law specialist becomes involved with pertains to discrimination of employees in the workplace. Situations such as discrimination in regard to race, gender, sexual harassment, unpaid overtime, LGBT issues, professional and executive strategies for exit from employment, Family Medical Leave Act issues, retaliation, severance agreements, religious discrimination, unpaid wages or salary, and union issues.
Many of these issues are simply disagreements and can be easily settled, especially when a plaintiff brings in legal help, but there are times when there is no agreement, and the issue has to be elevated to the point where things have to be settled in court.
Some of the employment laws from state to state are incredibly complex and are subject to misinterpretation and misunderstanding. In some cases the way that employees are treated are blatantly unfair.
There is a principle in employment law called Pro Se Disadvantage. In this concept it is stated that people who are not represented by an employment lawyer are often not taken seriously by an employer, an agency or the courts. In many situations legitimate cases tend to be trivialized or dismissed simply because the plaintiff did not follow certain rules of procedure. In cases like these, the employer might take the attitude that the plaintiff is no real threat until an employment lawyer comes upon the scene.
The agency process is another reason that people who are being discriminated against will do well to hire an employment lawyer. The slow process of protocol in an agency can be very deliberate and unforgiving, and many times the grievance gets lost in the process of going through all the required steps. Because of this, most cases start and die within the agency, and a good employment lawyer will see to it that this does not happen.
Most employees are focused on their job, and when they are discriminated against it is a shock to them, yet they feel powerless in a situation where they have little to no knowledge of what to do. This is why an employment law advice is needed to assist them in traversing their way through the process, so they receive justice in their situation.