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.

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.

Employer-Side Attorneys

Employee Rights Attorneys

Employer-side attorneys represent employers and protect business interests. They advocate for employers, defending businesses when they are facing employee allegations.

  • Also known as employment lawyers, employer defense attorneys, employer compliance attorney, employer representation, management attorney

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.

 

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

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.

What Do Employee Rights Attorneys Do?

Employee rights attorneys represent workers, from minimum wage employees to physicians and executives. These employment attorneys protect workers’ rights.

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  • Also known as employment lawyers, employer defense attorneys, employer compliance attorney, employer representation, management attorney

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.

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.

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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