Employment Law FAQs
Employment law refers to the legal practice area focusing on the rights and relationships of people in business. Both state and federal laws are used to determine the outcome of these cases. These matters are often addressed by employer-side attorneys (for businesses) and employee rights attorneys (for individuals).
Employer-Side Attorneys
Employee Rights Attorneys
What Should Your Expect When You Call Gerlach Employment Law?
Your call will most likely be taken by our paralegal, who will ask a few questions to better understand your needs. To help you prepare your information, here is a list of questions you are likely to be asked:
- Are you an employee or employer?
- What company did you work for?
- Do you still work there?
- What was your title or last position held?
- What was the reason for termination?
What Are Employment Lawyers?
Employment attorneys serve two main types of clients: employees and employers. Some employment lawyers focus on employee rights. Some employment lawyers focus on employer (or business) rights. There are also employment lawyers that represent both employees and employers.
Common Cases that Gerlach Employment Law Defends
- Employee complaints to the Equal Employment Opportunity Commission (EEOC)
- Employee claiming wrongful termination
- Employee harassment
- OSHA violations
- Hostile work environment
- Unpaid wages
- FMLA violations
Who Hires Employer-Side Attorneys?
- Business Owners
- HR Managers
- Executives
- In-House Counsel
Cases that Gerlach Employment Law does NOT handle:
- Bankruptcy
- Admiralty
- Estate Planning
Can an Employment Attorney Represent Both Employees & Employers?
Typically, employment lawyers focus on either the employer or the employee. Some firms take both types of cases. Gerlach Employment Law primarily focuses on employers, advocating for businesses facing allegations from employees. We represent businesses in mediation, negotiation, and litigation.
Employer-Side Attorneys
What Do Employer Defense Lawyers Do?
- Also known as employment lawyers, employer defense attorneys, employer compliance attorney, employer representation, management attorney
Employer-side attorneys represent employers and protect business interests. They advocate for employers, defending businesses when they are facing employee allegations.
When an employer hires an employment attorney, it is often to respond to employee claims, complaints, or charges. The employee, also referred to as the plaintiff, may be suing for a violation of workplace rights. The individual or entity that the claim is filed against, in this case the employer, is the defendant.
Employer-side attorneys protect the rights of employers by responding to complaints and lawsuits. They are experts on compliance, wage disputes, OSHA violations, worker’s compensation, and other workplace policies. Gerlach Employment Law focuses primarily on employer-side cases.
Representing the Employer
For example, a business owner facing a discrimination claim from an employee would turn to an employment lawyer to represent them in defending against the claim. Attorneys for employers may mediate workplace disputes or employee terminations, and clarify, create, and implement wage, classification, and compliance policies. Employee-side attorneys also advise employers on correctly classifying employees, procedures for terminating employees, contracts and agreements, and employee handbooks.
Employee Rights Attorneys
What Do Employee Rights Attorneys Do?
- Also known as employment lawyers, employer defense attorneys, employer compliance attorney, employer representation, management attorney
Employee rights attorneys represent workers, from minimum wage employees to physicians and executives. These employment attorneys protect workers’ rights.
When a worker hires an employee rights attorney, it is often to take action against an employer. The person that initiates the claim, in this case the employee, would be the plaintiff. Employees may make claims related to discrimination, compensation, pensions, harassment, wrongful termination, disputes, or other workplace matters
Filing Complaints
For example, a supervisor working for a business might have a complaint with their employer related to unpaid overtime wages. The supervisor might turn to an employee rights attorney to file a claim against the employer. These are also known as employee-side attorneys. Employee-side attorneys protect the rights of employees by holding employers accountable for violating workplace laws.
What is a Labor Lawyer?
Labor lawyers handle claims related to unions. Labor lawyers may represent the rights of employees that are in a union or are seeking unionization. There are also employer side labor lawyers that protect the interests of the business.
What Size Employer Must Follow the Standards Set by the FMLA?
Employers that have had 50 or more employees for 20 or more calendar workweeks in the current or preceding year must follow the standards set by the Family Medical Leave Act.
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