If you or a loved one has a workplace dispute, or if you’re a business owner in need of legal advice, you’d be wise to contact a qualified labor lawyer at the earliest opportunity. A skilled labor lawyer can help you avoid tripping over New York labor laws and will ensure that your rights are protected at every turn.
But what exactly is a labor lawyer, what do they do, and how can you tell when you need one? Read on to discover the answers to these questions and more. Alternatively, you can contact Schwartzapfel Lawyers at 1-516-342-2200 or visit us online to schedule your free consultation today!
Labor Lawyers Explained
Labor lawyers are specialized legal professionals who focus primarily on labor laws, that is: the rules and regulations laid out by the U.S. federal and state governments regarding employees, employee rights, and employee-employer relationships.
To this end, labor laws are highly important in preventing employees from being taken advantage of by their employers. Moreover, they play a crucial role in informing employers and businesses about the legal options available for employee termination.
Owing to the complexity of these laws and their differences on the state level, labor lawyers serve important roles as guides, advisers, and representatives in legal disputes surrounding employment.
Note: Many labor lawyers work in private practices, offering their services to whoever needs them. Other labor lawyers may work exclusively with employers or unions, or they may offer their services to unions as dedicated representatives.
What Are The Common Tasks And Responsibilities Of Labor Lawyers?
The majority of labor lawyers have certain key responsibilities and tasks they complete for their clients. Depending on who these clients are and the lawyer’s exact specialization(s), a labor lawyer might perform any of the following functions:
Resolving Labor Disputes
Occasionally, discrepancies in labor-related conflicts arise between employees and employers. Employees may wish to earn more money, or employers might want employees to abide by certain workplace regulations. Whenever employees and employers can’t get along, they may hire a labor lawyer to negotiate between both parties.
By resolving labor disputes, employers can get their employees working again and employees can ensure that they aren’t taken advantage of by their employers. For example, if there’s a dispute surrounding a wrongful termination of a union employee, the parties may settle before proceeding to trial. A labor lawyer might be called in to avoid such a lawsuit, which can be costly and time-consuming for everyone involved.
Collective Bargaining Negotiations
Unions are powerful employee organizations that use collective bargaining to extract concessions and rights from employers. For instance, all the members of a union might refuse to work until they get a pay raise in light of recent economic shifts.
At collective bargaining negotiations, it’s common for both employers and unions to hire labor lawyers to represent their interests. That’s because labor lawyers are neutral third parties, so they may not get as heated or emotional about the proceedings.
Moreover, experienced labor lawyers will know what to say, how to say it, and how to navigate different labor laws that can impact the collective bargaining negotiations taking place. In this way, effective labor lawyers are best positioned to help both sides get what they want from the dispute.
Termination Defense And Advising
Sometimes, employers have to terminate an employee. For example, maybe the employee doesn’t show up to work on time or doesn’t carry out workplace tasks properly. However, employment laws are very strict in the U.S., and employers must have adequate cause to terminate an employee.
If they fail to do so, the employee might be able to sue them. Because employers are worried about lawsuits, they often employ labor lawyers before terminating an employee. They might request the services of a labor lawyer:
- To know whether they have grounds to terminate an employee.
- What they need to prepare before terminating the employee in terms of the paper trail.
- Whether the employee has any grounds for a lawsuit after termination.
- And more!
In this role, the labor lawyer acts as a sort of legal counsel or guide to ensure that the employer makes the wisest decision possible. They may also recommend a course of action for the employer to ensure they can terminate an employee legally and safely.
For more information at no charge, call Schwartzapfel Lawyers now at 1-516-342-2200. It will be our honor and privilege to help you as best we can, however we can, no matter your situation.
Employees may hire a labor lawyer to draw up union paperwork and represent the union in future negotiations. Union establishment is one of the most powerful tools that workers have to demand rights and concessions from their employers.
That said, a union may not be nearly as powerful if it isn’t established properly. Labor lawyers may be employed to ensure that a union is formed correctly and that there aren’t any loopholes in its papers that can be exploited by employers or the government.
When Do You Need A Labor Lawyer?
Regardless of whether you are an employee or an employer, there are several instances in which you might require the services of a labor lawyer in order to reach an optimal outcome.
Employees may need labor lawyers in situations where:
- You, as the employee, want to file a lawsuit against your employer for mistreatment. For example, if your employer harasses you at work, a labor lawyer can help you get started with a lawsuit.
- You’ve been terminated without due cause. If you’ve been fired without any good reason, you could have a successful lawsuit on your hands or be able to regain your position with a labor lawyer’s help.
- You need help with a workers’ compensation claim, which so far has been unsuccessful. Your employer isn’t filing the right forms, so the insurance company will likely not accept your claim, despite you having perfectly sufficient grounds to receive a payout.
- You want to negotiate strike terms. If you and your fellow employees are striking, you’ll need a labor lawyer on your side to reach amicable terms to resolve the dispute in a timely fashion.
On the flip side, you may benefit from having a labor lawyer as an employer in situations where:
- You need to fire a worker who is doing a good job, especially a union worker. There’s a very specific process you must go through, and a labor lawyer will likely ensure you go through the process legally and avoid litigation risk.
- There’s talk of a strike. In such an instance, you may wish to consult with a labor lawyer to know what you can do to prevent your employees from striking.
- You’ve been threatened by a lawsuit from one of your employees on the basis of discrimination or mistreatment. In these instances, you may need to defend yourself in a court battle, and a labor lawyer can help you do that much more effectively.
Since a labor lawyer can be important for employers and employees alike, there’s no reason not to contact Schwartzapfel Lawyers right away. Our knowledgeable labor lawyers can help you no matter your situation when you contact us now at 1-516-342-2200 for a free case evaluation and so much more!
What Are Helpful Questions To Ask A Labor Lawyer?
When you meet with a labor lawyer, you should ask key questions to make sure they are up to the task and can provide you with the legal services you need. Specifically, you should ask questions like:
- What is your experience in the area of labor law?
- What is your fee structure? (Note: Many skilled labor lawyers operate on a contingency fee basis, as Schwartzapfel Lawyers does, so you only have to pay if they first secure you some type of financial compensation or payout.)
- What protections or legal rights do I have as a worker in the U.S.? And I afforded any special protections because of those rights?
- Am I able to start a union with my fellow employees?
- Have you handled cases similar to mine in the past? If so, what was the outcome?
It’s also a good idea to research a labor lawyer before hiring them. Google the lawyer’s name or the name of their practice, then look up reviews for their services from previous clients. If a labor lawyer has a good reputation, it’s also likely that they will likely provide stellar services to you.
On the other hand, if the labor lawyer is known for less-than-ideal results, look for a different law firm. Your financial future is too important. Accept only the best!
Contact Schwartzapfel Lawyers Today
In the end, labor lawyers are the perfect legal professionals to call on when you have questions regarding labor laws, employee rights, and/or union formations. And since labor lawyers can help employees and employers alike, you shouldn’t hesitate to contact a highly respected labor law firm like Schwartzapfel Lawyers if you have additional questions or concerns.
Our knowledgeable attorneys can answer any questions you have, as well as provide you with sound legal counsel regarding termination rights, union negotiations, and so much more. Call us now at 1-516-342-2200 or visit us online to schedule your free consultation and/or case evaluation.
Remember: It’s your future. Don’t leave it to chance. Protect it today by acting now and having Schwartzapfel Lawyers fight for you!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!