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Whether you are an employer or employee, the law can enter your professional life in many ways. For some people, a New Jersey employment lawyer can help safeguard against the risk of a lawsuit. For others, attorneys can help prove that their rights as a worker have been violated. NJ employment lawyers cover a variety of workplace-related concerns. Regardless of your issue, if you are thinking of finding private legal counsel, here are a few things to consider beforehand.
What employment law covers
The term “employment law” is a catch-all term covering many different lawyers. As a business owner, you may consider hiring a New Jersey employment lawyer to:
• Help make sure all of your paperwork is in order
• Review any contracts you sign with employees
• Make sure none of your workplace rules or standards violate the law
• Ensure you are in compliance with all disability laws
As an employee, you may think about hiring an NJ employment lawyer when:
• You have been fired in a way prohibited by your employment agreement
• You have been discriminated against by an employer because of a disability, your race, gender or other considerations
• You have not received regular or overtime compensation you are entitled to
• You have experienced sexual harassment in the workplace
New Jersey employment lawyers who deal with paperwork are known as “transactional lawyers.” They do not appear in court and focus on preventive litigation, reviewing all documents and records to prevent errors from being committed that may expose business owners to litigation in the future. NJ employment lawyers who prosecute or defend cases in court are known as “litigation lawyers.”
The legal framework for all complaints or cases in this area is very complicated. Both federal and state laws may apply. A New Jersey employment lawyer may be helpful in determining which laws apply to your case.
Courts and employment law
In most cases, NJ employment lawyers will be representing you in civil court if you are going to trial. This means that you are suing for damages, not for jail time. Civil litigation can be a lengthy and expensive process and is not to be undertaken lightly. If you are considering hiring a New Jersey employment lawyer, you must be prepared to devote time, attention and quite possibly a great deal of money to your lawsuit.
This process begins when someone who believes they have had their legal rights violated files a complaint. The defendant will be notified that charges have been filed against them. Neither plaintiffs or defendants are required to have a New Jersey employment lawyer represent you. However, the legal system is complicated. New Jersey employment lawyers can help ensure not only that you have a solid case but follow all the proper procedures.
If you are fired
Just because you have lost your job does not mean you have grounds for a lawsuit. NJ employment lawyers cannot help you unless your employer has actually violated the law in some way. New Jersey allows employers to fire employees without any any specific reason and does not require severance packages.
Before contemplating filing a lawsuit or speaking to a New Jersey employment lawyer, do your homework. What are you entitled to as an employee? If you are injured, what does your contract say about compensation for medical bills? If you have been asked to performed illegal activities, refused and were subsequently fired, does there seem to be an connection between these three events?
Finding a NJ employment lawyer
If you think you may have a case, you will probably want to consult an attorney. Recommendations for New Jersey employment lawyers who can help you are most reliable when coming from friends or family. You may also consult your local bar association.
Because “employment law” covers such a broad array of circumstances, you will need to make sure you find a specialist in your field. Some NJ employment lawyers help those who have not had agreements with employers honored. Others may only focus on cases of sexual harassment or discrimination. Any New Jersey employment lawyer you talk to should be able to recommend someone with expertise in your case if they are not capable of competently representing you.
Look up the disciplinary records of any attorney you are thinking of consulting before agreeing to a meeting. Finding the NJ employment lawyer who can best represent you may take multiple interviews before you find one whose answers satisfy you. If the lawsuit you are contemplating filing may result in a settlement, some attorneys may choose to settle for a quick out-of-court agreement. You and any NJ employment lawyers you speak to need to establish the stakes during any initial discussion. Defendants who want not just money but their day in court need to make this clear at the outset.
Hiring a NJ employment lawyer
Arrive at your meeting fully prepared with any documentation that will help substantiate your allegations. Work records, documents of medical expenses, any written communication between you and your employer and similar pieces of evidence can go a long way in court. Before NJ employment lawyers are qualified to deliver an honest assessment of the likelihood of a successful claim or defense in your case, they must have all the evidence. You should be prepared to be as honest and open with any attorney as you would want them to be with you.
During your first meeting with any New Jersey employment lawyers, ask about and receive written documentation about:
• their level of experience and specialized knowledge with your kind of case
• their estimation of the strengths and weaknesses of your case
• what kind of expenses you will be liable for
• how much you will be charged and how work will be measured
• how much time your case may take
• who you will contact at the law firm if you have any questions or concerns
• how often you can expect to receive updates on your case