1. Reviewing and Negotiating Legal Contracts and Agreements
Having a qualified employment lawyer review and negotiate legal contracts and agreements can greatly benefit employees, whether they are starting a new job or accepting a promotion. Employment law is complex, and the average worker may not be familiar with legal jargon, state, and local ordinances. An employer law attorney can help HR with knowledge of federal and state-specific employment laws is particularly useful.
A trusted legal advocate can help employees understand their rights and obligations under the agreement while safeguarding them from potential risks or liabilities. An experienced lawyer’s review of an employment contract can provide several advantages, including:
- Counseling on negotiating unfavorable terms or conditions in the contract.
- Identifying misleading or unfavorable terms in the contract and associated documents.
- Advising on potential tax implications of certain provisions, such as bonus payments or stock options.
- Highlighting clauses that may be disadvantageous, such as non-compete clauses or restrictions on future job opportunities.
- Offering legal guidance to protect against potential lawsuits related to the employment agreement.
In summary, legal assistance ensures employees enter agreements well-informed and protected.
2. Protecting Employees from Wrongful Termination
Wrongful termination happens when an employee is dismissed in violation of a legal right. In at-will employment states like Tennessee, employers can terminate employees for any reason or none at all, but there are exceptions. For instance, if an employee is fired due to discrimination based on a protected class under EEOC laws, an employment law attorney can seek justice and compensation on behalf of the wronged worker.
Protected classes include:
- Race
- National origin
- Disability
- Religion
- Gender
- Sex
Workplace discrimination is also prohibited based on subgroups of these classes, such as pregnancy-related conditions, sexual orientation, or gender identity. An employment lawyer can review the facts and guide the employee toward a favorable outcome in court, advising on potential damages like lost wages from the date of termination until the resolution of the claim.
3. Defending Employees Against Employer Retaliation
Employer retaliation involves punitive actions against employees for engaging in protected activities, such as reporting discrimination or addressing employment law violations. The U.S. Equal Employment Opportunity Commission (EEOC) defines retaliation and protects employees who reasonably believe a workplace occurrence violated EEOC laws.
Common forms of retaliation include:
- Firing an employee
- Demoting an employee
- Reducing an employee’s hours
- Giving an employee an unfair performance review
- Excluding an employee from meetings or social activities
Employees are entitled to be free from retaliation even if they were not involved in reports of discrimination or harassment. Employers cannot take adverse action against employees who have done nothing wrong, ensuring their right to a safe workplace.
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