There are always going to be difficulties and personality clashes at the workplace. But when these spill over into more serious cases of abuse of authority or harassment there might be a need for intervention. When they involve a legal requirement that has not been fulfilled or actions by either side in an employment dispute that infringe on the rights of employers or their employees, there may be a need for expert advice and guidance. That also might be when either party may wish to call in an employment lawyer who specializes in workplace issues and their resolution.
Are you involved in one of those situations? Have you been denied severance pay or feel that you have been wrongly dismissed? For employers, do you have an abuse or harassment case that you simply can’t manage in-house or on your own? These are just some of the examples where an employment lawyer may help resolve a workplace dispute or disagreement. There are many more. Here are a few of them to help you decide if you need an employment lawyer.
1. Workplace issues
There are many areas where an employment lawyer can assist any employer to deal with difficult workplace issues. They could be categorized under three main themes. Coming, going and problems. At the beginning of an employee relationship there is often a need for an employment contract. This sets out the terms and conditions of work and the parameters for the future relationship at the workplace. For example, employment contracts offer protection for the employer if an employee chooses to leave and go to a competing organization.
At the end of an employee’s relationship with an employer there are sometimes disputes and legal issues that arise out of terminations. If the termination has not gone smoothly, an employment lawyer can help smooth the waves and provide advice that might prevent an employer from being successfully sued in the future. They can ensure that terminations are carried out in accordance with the law and stated company policies and avoid any lawsuits or claims by disgruntled former employees.
2. Disciplinary measures
In the middle of an employee’s career there may be a need for discipline or corrective measures. They work best when they are provided in a context of good overall workplace policies that meet the needs of the law and labour standards. Employment lawyers can help craft these policies as well as providing advice on difficult discipline cases that may arise.
3. Harassment
Employees may also need access to an employment lawyer for some of the same reason as their employer. But they may also need their advice to resolve on-going workplace and harassment situations. An employment lawyer can any case from a rights perspective and offer suggestions that might improve the problem. In the case of harassment and discrimination, they may be prohibited by law and human right legislation, but they also still happen on a worrying rate in today’ workplace.
The employment can make a variety of suggestions to deal with an harassment case. This might include accompanying an employee to any meetings with the employer and offering to mediate any outstanding issues.
4. Termination
It is sometimes very difficult to deal with a termination of employment. This is particularly true if an employee feels that they have been mistreated or fired without just cause. An employment lawyer can work to ensure that an employee’s rights are protected and that they receive all that they are entitled to as they leave. Employment lawyers can also ensure that an employee’s legal rights like severance and other payments due are paid accurately and within the specified time periods. If any other dispute arises, an employment lawyer can provide advice and guidance and appropriate legal action as required.