When Should You Seek Out an Employment Law Attorney?

When I counsel clients as they navigate their careers, many inevitably ask me if certain actions on behalf of their employer are legal. I am not an attorney and cannot give legal advice, but I have some general knowledge on the subject. People are often surprised at what is not illegal on the part of their employer. Some of these surprisingly legal things include termination without cause, what references/former employers can say about you, termination for absenteeism (even if an employee is sick or injured), rude/abusive treatment by your manager, changing the entire scope of your job, and nepotism. 

So, when should you contact an employment attorney? If you are a member of a protected class—race, religion, gender, national origin, or age--and think you are experiencing discrimination in the workplace is one of the most obvious. But here are a few more scenarios in which you might consider seeking legal counsel:

Signing Legal Documents and Agreements

There are many documents an employer may ask you to sign before starting work or during your employment. These may include non-disclosure agreements, non-compete agreements, employment agreements, separation/severance agreements, and employment contracts with complicated legal terminology. 

Employer Retaliation 

Discrimination in the workplace is terrible, but it can be incredibly difficult to prove. It is illegal for your employer to discriminate against you on the basis of gender, race, sexual orientation, religion, and other legally enumerated characteristics. Your employer is also not allowed to retaliate against you for any reason. 

Wrongful Termination

All 50 states are employment-at-will. This allows employers to terminate a worker’s employment at any time for any reason as long as the reason is not illegal. There are specific illegal reasons that may make an employee’s termination wrongful. 

Sexual Harassment

If you have experienced workplace sexual harassment, you should immediately report it to the proper personnel, usually your employer’s human resources department. Sometimes, these situations are improperly handled or swept under the rug. If your employer chooses to fire you for reporting sexual harassment, this is considered retaliation, which is illegal. 

Whistleblower Actions

After reporting your employer to a regulating agency for illegal activities, that employer cannot retaliate against you. You may have witnessed illegal conduct yourself or surmised that your employer is violating the law based on your assessment of accounting records, internal documents, and other evidence. 

Wage Disputes

This is self-explanatory. If your employer does not pay you as agreed, contact an attorney. 

An employment law attorney can help you navigate all of these situations, and most will offer an initial consultation free of charge. Document reviews are usually billed at a standard hourly rate. And while litigation can be costly, it can also result in a positive outcome for you. 

ADDITIONAL RESOURCES: 

The Workplace Fairness Institute can help you determine whether you should contact an attorney. 

The National Employment Lawyers Association’s Find-A-Lawyer service enables you to search for members by state.