Monday, May 11, 2009

Employee Rights Attorneys: What Do They Do?

In a perfect world, working to make a living would be trouble-free. We couldn't have to worry about discrimination in hiring, fair compensation or unfair termination. But the working world is far from perfect. And that's why there are employee rights attorneys.

Lawyers who specialize in employee rights can help us with a variety of issues. They know the laws that govern what employers can and cannot do, and they can help employees negotiate or file suit if necessary. Here are some of the things an employee rights attorney can help you with.

* Discrimination : Employers are not allowed to discriminate against employees or job applicants on the basis of age, gender, race, social class, money, national origin or religion. They also may not discriminate against the disabled if it is possible to make reasonable accommodations for them in the workplace.

* Privacy : Employees have certain privacy rights that must be observed in most states. Generally, possessions and storage lockers may not be searched by the employer, and he may not listen in on phone conversations and voicemail messages. Email and Internet usage while at work, however, may be monitored.

* Harassment : Employers must not harass employees, and they must not allow co-workers to harass one another.

* Safety : Every employer must provide a safe work environment. Safety hazards must be avoided as much as practicable. Dangerous substances must be labeled, and Material Safety Data Sheets must be available.

* Fair wages and breaks : Employees must receive fair wages for work performed. Laws regarding overtime pay must be observed. Employers are also required to provide breaks as set forth by law.

* Whistle blower rights : Employees should not be victims of retaliation from the company if they make complaints.

* Leaves of absence : Under the Family and Medical Leave Act, employers must allow most employees to take a leave of absence for up to twelve weeks for medical reasons, or to care for a sick family member. The employer is not required to provide pay during this time, but must hold the employee's position or an equivalent one until he returns.

* Termination : Employers must not wrongfully terminate employees. They may also be required to provide certain severance benefits according to contracts or company policy.

* Severance packages - An employee rights attorney can also help workers negotiate severance packages. This is important if the employee feels that he is not getting a fair shake when his employment ends. Even if terms are spelled out in a contract or handbook, an attorney may be able to help you get more benefits.

If you are experiencing trouble in the workplace, an employee rights attorney can help protect your rights. And if your employer takes adverse action against you because you obtained representation or filed suit, your attorney can help you retain your job or receive compensation.

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