Things To Know In Working With An Employment Attorney

In the United States, laborers and workers are protected by a complicated series of regulations and laws.  Unfortunately, many individuals are not aware of what their workplace rights are.  Some people have taken great advantage of, while others get mistreated without being aware that there is legal recourse available to them.  If you work in the U.S., it’s very important that you are aware of what your rights are, so that they are protected – and to seek help from a qualified employment attorney for legal counsel whenever you cannot do it yourself.

Common Workplace Legal Issues

A wide range of different scenarios is covered by unlawful workplace issues.  The following are a couple of the common ones:

Unlawful Termination –

Your termination might be considered unlawful – depending on whether you are part of a protected class and what the specifics of your state’s law are.  However, this information will never be volunteered by your former employer, so in these situations it is critical to have legal representation.

Collecting Overtime –

In terms of collecting overtime wages, employees are sometimes taken advantage of by dishonest employers.  The only way of ensuring that you get the compensation you are entitled to by law is to know what your rights are.

Workplace Harassment –

Anyone can experience harassment within the workplace.  At times, it is superiors engaging in sexual or other kinds of harassment; or it can be fellow employees committing the offense at other times.  Either way it is essential that you obtain assistance from an experienced employment and labor law attorney.

Workplace Violence –

Everybody has the right to feel secure and safe within the workplace.  At times, unfortunately, violence does occur.  It is much easier to obtain justice in workplace violence cases if you have a qualified and experienced attorney working on your behalf.

Compensation Issues –

A large majority of employers are required to comply with minimum wage laws.  In a situation where you suspect your employer is not doing that, you need to get help from a qualified legal representative to make sure that your rights are protected.

If the workplace issue that you are facing involves an ambiguous or complex area of the law – such as a public policy violation, suing for discrimination, filing a blacklisting claim, or negotiating a complicated settlement – hiring a lawyer to assist you will be necessary.  A reputable and experienced employment law attorney should be retained by anybody having a labor law concern to help them with navigating through a confusing maze of relevant administrative rules and legal issues.

After you have your lawyer hired, try to make sure that you maintain a good relationship with them.  It is incredible the number of individuals who think they should be nasty with their attorney.   Do you want to follow this person’s advice, why would you want to alienate the attorney?  You wouldn’t be nasty to your accountant or doctor would you?

If your attorney asks you to attend a hearing or deposition, respond to a discovery request, write a statement or provide documents, then do it.  If you refuse to help yourself, they won’t be able to help you.

If you doubt things that your employment attorney is telling you, seek out a second opinion.  Get another lawyer if you don’t trust the one you first hired.  Just make sure you are not the problem instead of them.  According to a recent study, fifty percent of employment law plaintiffs believe that their lawyers worked against them or were incompetent.  Were some of the plaintiffs unrealistic from the start about the settlement possibilities, merits and costs in their cases?

By providing some cooperation and research yourself, hopefully you will have a positive experience working with your employment attorney.

The Ins & Outs Of Hiring Personal Bankruptcy Attorney

If you’ve been wondering what personal bankruptcy is – as well as when you (or why) you should hire a bankruptcy attorney then the following post will help clear things up. It will take a lot of careful consideration, but personal bankruptcy could very well be a solution for your current financial woes.

In short, a personal bankruptcy filing will allow you to begin managing your debts if you currently owe more than you can viably pay back. The decision to declare bankruptcy as an individual is obviously a deeply personal one. However, it’s important to know that it’s completely legal and has managed to help many people who are essentially “in over their heads” with their debts.

To decide whether or not you need to declare, the amount that you currently owe – as well as what type of debts, how much savings you have, and how much you’re currently bringing home on your paychecks – should all be taken into account. If you can’t think of any realistic way in which you can actually get all of the debts paid off, then hiring a bankruptcy attorney might be the way to go.

Situations Where Bankruptcy Applies

It’s important to know which situations people find themselves in that are most helped by bankruptcy. One of the most common for individuals is medical bills that might be piling up after an unexpected or prolonged illness or injury. Those who have recently lost their jobs and are having a hard time keeping up given the sudden loss of income may be struggling with payments on the likes of car loans or mortgages. A new addition to the family – or a loss – might also put a lot of financial burden on the wage earner.

How Filing Works

There are two ways to file for personal bankruptcy. The first is Chapter 7, in which those with low income have high debts. The downside is that a lot of property must generally be given up, although many of the debts are then wiped clean.

Alternatively, the second form of bankruptcy is Chapter 13. This comes with predetermined payments that the filer will usually have to pay out through a period of something like three to five years. It’s a big commitment, but filers can generally keep their belongings in the process.

Can I File?

Whether or not you can file depends on what types of debts you have. Bankruptcy attorney helps out when your debts are classified as dischargeable. This fits the likes of medical bills, back taxes, medical bills, bank judgments, or personal loans. Those that don’t qualify include newer taxes, alimony, student loans, and overdue child support.

Ideas To Find An Attorney

Choosing the best attorney possible may be the most important step that you can take toward winning your legal case, and it does not have to be the most difficult one to find an attorney. You may need to take some time to look carefully, however. Give your efforts toward choosing a lawyer that has experience working with your specific legal problem in the past, and find an attorney whom you are able to get along personally. Investing the time to select the correct attorney will be well worth it, as they will be more likely to be able to help you succeed in your case.

Select An Honest Attorney

A lot of lawyers offer a consultation for free. Use this opportunity to meet the attorney. Decide during this meeting, whether you feel the lawyer is forthcoming, honest, and a good fit for you. Some individuals are skilled and can determine details about a person’s character within only a few minutes, while some are tipped off by specific personality traits after they meet an individual lawyer.

Be sure to also ask the lawyer about their opinion of your specific case’s chances of failure or success. If the potential attorney sounds strangely optimistic, or doesn’t mention any risks or costs associated with your case, you should consider the possibility that they are not being completely honest with you. Every case has risks and negatives associated with it.

Find An Attorney Who is Responsive to Your Needs

This first meeting will also allow you to help decide if the attorney is detail oriented, precise, and responsive enough to meet your needs for your case. Allow your instincts to lead you. Ask the lawyer if it will be acceptable to call them as the case proceeds to talk about any concerns that arise. If the attorney rejects this idea, you may have trouble getting answers to your questions as your case proceeds, which can be frustrating.

There are few things worse than working on a legal case with a non-responsive attorney. Be sure to find an attorney who will communicate with you throughout the process.

Evaluate The Price Range

Selecting the correct attorney for your case means to find an attorney that offers services within your price range. This means that you should take the time to ask about costs when you have this initial meeting. You don’t want to find out later that you’re being charged per letter, hearing, or other manner that is costing you an arm and a leg.

Do your best to get an estimate of what the attorney feels the case will cost you, in advance, in writing. Try to obtain a contract that states the maximum cost of trying your individual case. This will help you avoid any surprises down the road.

Evaluate The Size of The Firm You’ll Be Working With

There are many benefits to find an attorney that works with a small firm. This often means that you are able to obtain prompt, personal attention. The attorney you’re working with will also likely have time on their hands to spend working on your case, individually. With larger firms, this may not be the case. Instead, lawyers often have to spend their time juggling multiple cases, as well as other responsibilities to the firm itself.

Do Your Homework

Choosing the correct lawyer can help you win your case, while choosing the wrong one can tank it, so do your research carefully to find an attorney. Fire your attorney if they do any of the following: miss a filing date, miss a court date, and refuse to update you about your case, ignore your calls and emails, or lie to you when you ask them direct questions.