Employment Law 101
At its core, employment law deals with the relationship between employers and employees. This is a broad topic, as this kind of relationship encompasses everything from workplace safety to minimum wage, from discrimination to wrongful termination, and everything in between. In other words, this part of the law touches on the day-to-day of all of our lives, whether we are workers or managers.
But the workplace is not just a sphere of rights, but of responsibilities as well. While it is primarily the employees who sue under employment law, it is frequently companies that are on the firing line of lawsuits as well, the victims of frivolous or opportunistic lawsuits. Thus, it is essential for any business to be intimately familiar with their legal obligations as an employer, and exactly what their workers’ rights really are . Commercial litigation can be an expensive endeavor, so knowing these legal rights is essential to avoiding them completely.
As with any area of the law, the only way to be sure of your rights and responsibilities is to have a knowledgeable and capable attorney who understands the law in goals. It’s this kind of understanding that sets up the forward momentum of the rest of this website. Most people at least know in passing what the "parents" of employment law are. But few would be able to tell you just what the Fair Labor Standards Act is, what it covers, and a million other nitty-gritty details. Our firm understands all of those kinds of details, and is well versed in both ends of the employer/employee equation.
Why You May Need an Employment Law Attorney
An employment law attorney can be a crucial partner when navigating the complexities of U.S. workplaces. Those who might benefit from the advice and protection of an employment law attorney include the following:
Employees
Employment law attorneys generally represent either employees in their claims against an employer or employers (defendants) in response to a claim of alleged employee misconduct. Employees may choose to hire an attorney when they believe they have been subjected to workplace discrimination, sexual harassment, wrongful termination, or other abusive behavior. For most employees, a professional legal perspective is priceless. For example, an employment law attorney can help victims of workplace abuse investigate the circumstances of their situation and document the appropriate evidence.
Employers
Business owners and executives who suspect instances of liability or ethical violations among their employees may also benefit from the assistance of an employment law attorney. These professionals can advise business owners on the range of options available to them in protecting themselves from or addressing potential claims. Business owners and executives are also in a position to present potential equity splits or other disputes amicably and with dignity, which can help you avoid reducing your business’s value after a breakup and perhaps suffering from wrongful termination lawsuits yourself.
Both employees and employers alike can also benefit from the right employment law attorney. The first step in finding the right attorney is to choose one with experience that is especially relevant to your business, such as employment law for:
Focus on those attorneys whose careers have a similar focus to your needs. You need an attorney who understands the ins and outs of situations similar to yours.
Things to Look For in an Experienced Omaha Employment Law Attorney
When looking for the best employment law attorney in Omaha, NE, there are a few key qualities to look for. First and foremost, you want an attorney with experience. An attorney who has often handled similar cases will have a better sense of how the law applies to your situation and how to best represent your interests. This doesn’t necessarily mean that the lawyer must be a "grizzled vet" – it’s certainly possible that a less experienced attorney could be a great advocate – but it can’t hurt. Another key quality is thorough knowledge of the various employment laws relevant to your case. Nebraska is home to some unique laws that other states don’t have, like the state’s ban on noncompete agreements for low-wage workers. You want a lawyer who understands these laws and can apply them to your case. Lastly, you should research the attorney’s reputation and track record. The very best employment law attorneys are highly respected by their peers and well known in the community. They will thus be able to effectively advocate on your behalf. How can you tell if a lawyer possesses these attributes? For one, you should be able to quickly find plenty of information about the lawyer’s track record and reputation online. Look for testimonials from past clients, reviews on sites like Avvo and Yelp and any indications of the successful outcomes of past cases.
What Do Employment Law Attorneys in Omaha, NE Offer?
Employment law attorneys in Omaha, NE offer a range of services to both employers and employees. Initially, their most basic service is providing legal advice. This can include guidance on employee handbooks, harassment issues, as well as discrimination and hiring practices. The second step might be representation in case of a lawsuit, either acting on your behalf or advising you on the way to proceed . Some may be hired to mediate a dispute between an employee and employer and reach a settlement before the matter goes to court, while other attorneys are called upon to provide arbitration services. Litigation can be another area of focus for employment attorneys, but as mentioned above, they may also act on your behalf when filing a complaint with the Equal Employment Opportunity Commission (EEOC) or similar state agency. Many attorneys have a niche as well. They may have experience with specific industries, like healthcare or education, which can help them serve your needs better.
How to Hire the Right Employment Law Attorney
Guidelines for Choosing the Right Attorney for Your Needs
When selecting an employment law attorney in Omaha, NE, consider the following steps.
Referrals
Start by asking family, friends, and colleagues if they know any good employment law attorneys. You can also ask local bar associations or professional organizations for recommendations of highly rated employment law attorneys in your area. These people will be able to tell you whether they were satisfied with the services they received and if they’d use the same attorney again. They may also know a lot about your case type and can tell you whether a specific attorney is experienced in that field and what you might expect when dealing with them.
Online Research
In addition to getting referrals, check websites for customer tips and other resources on how to choose an employment law attorney in Omaha, NE.
Check for online reviews and testimonials to help you narrow down the available options. Sites like Yelp, Avvo, and Google My Business let other people rate professionals and leave reviews . Be sure to check out both positive and negative reviews to get a rounded view, and ensure that there are enough reviews to confidently base your decision on these ratings.
Initial Consultations
Most lawyers offer free consultations to determine whether you have a case and to decide whether or not they’ll take it. Many consultations take place over the phone but some lawyers offer in-person meetings. During the meeting, expect to hand over information about your case. Be ready with questions to gauge if they are qualified to help you. Be sure to discuss payment options as well.
Fee Structures
Ask about the fee structure. Some lawyers charge hourly, others have a retainer, and others require billing or contingent fees. Contingent fees seem especially attractive to victims of employment law violations, and are common in employee-employer cases. An employment law attorney in Omaha, NE, can explain all of your options in detail. Remember that your choice can directly impact your chances of winning.