Employee Legal Services 101: The Information You Didn’t Know You Needed

An Introduction to Employee Legal Services

In this section of the article, we’ll be exploring more about what employee legal services are all about and why they exist. For those of you who aren’t familiar, employee legal services are part of a comprehensive workplace protection program. This means that they can cover a wide variety of human resource and employee issues, all of which can help a company or employee stay in compliance with the many laws and regulations that they must follow. This is not only beneficial for avoiding legal trouble, but also to foster a safe and inclusive environment .
Employee legal services were created so that employees and employers don’t have to navigate the bewildering, necessary evils of contracts, documentation, workers’ comp, and other forms of liability and risk alone. It’s easy to make mistakes involving legal matters, but employee legal services work to ensure that this doesn’t happen. When both parties in an employer – employee relationship are protected by thorough legal agreements, companies generally experience an increased employee morale and employee satisfaction. This is something that all employees can appreciate, and is an investment that many businesses should consider making.

Types of Employee Legal Services

There are various types of legal services that an employee may require in connection with their employment. These types include:
Review of Employment Contracts and Workplace Policies
An attorney will engage with the employer on behalf of the employee to review the employer’s offers and contracts. The attorney will also review any policies that may have been issued to the employee by the employer.
Termination Cases
Wherever there is an involuntary termination, the employee may require legal assistance. An attorney can investigate the matter and provide a fair assessment of the situation.
Lawsuits for Wrongful Termination
When an employee is terminated under circumstances that violate federal or state employment laws, the lawyer may file a lawsuit against the employer.
Discrimination Claim
If an employee has been discriminated against by their employer, the employee can launch a formal complaint against the employer. There are various anti-discrimination laws that protect workers from employers. Employees may seek legal advice and assistance to file for a discrimination claim or lawsuit.

How to Select the Appropriate Legal Services

When selecting an employment lawyer or legal services provider, there are several factors we consider which can be helpful to the employee to find the right fit. Is the legal service or lawyer a good communicator? Are they easy to reach? How much do they charge? Each of these can be very important in reaching the desired outcome.
For starters, when selecting legal services employee should be evaluated on the basis of their communication skills. Is the employee easy to reach? Do they have a great staff? Do they respond to emails in a reasonable amount of time, are they sympathetic to your issues, and do they treat you like a person as opposed to a number? The answer to these questions is very important. A lawyer’s job is to advocate for you and your best interests. Without open lines of communication, it is very difficult to get the job done at hand. We have heard many stories about employees unhappy with their representation based on communication alone. Good communication should be paramount.
The next thing to consider is the costs for the legal services provided. Trailing behind communication is costs, but just as important. Depending on your situation, costs for legal services can quickly add up very quickly if you go to a larger firm. Larger firms tend to burn money on cases fairly quickly as they have high overhead to account for. On the other hand, smaller firms might allow you to save money on your case.
Lastly, you may want to consider prior case success when selecting a legal service. A firm’s history of success is something worth considering. It should go without saying that you would want someone who has been successful in the past. Generally a firm with a good track record will take a more aggressive approach to your case which could lead to a better outcome. That is not always the case, but it can be true.

What is an Employee Lawyer

An employee lawyer represents employees in employment and labor law matters. The employee lawyer offers counsel and advice with regard to legal issues that arise from the workplace. Employees who are thinking about filing an employment law claim should start here. Employees seeking counsel about a non-litigation employment law issue should also start here.
A call to an employee lawyer or employment law attorney may be your first step on your way to a successful resolution of your dispute, grievance, or concern. Employment law attorneys are there to help employees understand their legal rights, and if necessary to help those employees fight to protect their employment and other related rights. The call to the employee lawyer is a free and confidential one, and can serve as a good first step to preserving your legal rights.

Small Business Employee Legal Services

When you’re a small business owner, hiring a full-time HR department or even one attorney just is not feasible. The goal is usually to allocate people where they will help the business grow. To draw a football analogy, you don’t want to waste a player on the bench, so an HR department may not seem like a good use of your budget.
That doesn’t mean that you should neglect employee issues at all — just that you need to get serious about a plan of action so you’re not burning money , but you’re also doing what you need to do to protect your business.
An employee legal service helps small businesses stay compliant with the law without having to commit to full-time HR staff or an in-house human resource professional. You can get professional legal oversight for any employee-related issues that could put your company at risk.
There are a few types of services that fall under the umbrella of an employee legal services where one-size-fits-all doesn’t work. Your business probably needs a strong strategy that takes into account the size of your business and the industry in which you compete.

Latest Legal Trends in Employee Services

As with much in the workplace today, trends and changes in the law are influencing how employee legal services are administered. While clearly, taking advantage of the fact that this area is rife with change to identify opportunities for differentiation is critical, it is also important for employers and employees to understand what is going on in this space. Recent trends impacting this space include:
Disruption of employment laws in the US. New protections and rights for remote workers. Impact of emerging technologies and use of artificial intelligence.
Disruption of Employment Laws in the US: In the last few years, many employment laws, practices and agencies have been challenged in Federal Court. The most significant challenge to an employment law in the last several decades is currently pending before the US Supreme Court. In that case, National Labor Relations Board v. Altitude Express, Inc., the National Labor Relations Board (NLRB) is asking the Supreme Court to interpret the term "sex" in Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a)(1) (1964), to include sexual orientation. The NLRB is arguing that discriminating against a worker because of their sexual orientation necessarily means treating them differently than other workers on the basis of sex.
Another area where rights are being expanded through litigation is in state law. The most eye-catching trend in this area is paid family leave. According to the National Conference of State Legislatures, "four jurisdictions have paid family leave programs and about a dozen more are considering similar legislation, including legislative proposals in several large states." California was the first state to require employers to provide paid family leave, with New Jersey, Rhode Island, and New York having followed suit since then. Beginning January 1, 2021, Washington will also have a paid family leave system in place. Other states are expected to follow, as well as a federal initiative that would provide paid family leave for all workers.
New Protections and Rights for Remote Workers: The challenges the COVID-19 pandemic wrought upon the workforce also brought to light the need for new protections and rights for those who work remotely. The historic lack of workplace protections for employees working from home has become a critical subject matter for advocacy groups, as reflected in legislation passed in California and New York City providing remote workers with entitlements currently held by traditional employees, including reimbursement for business expenses and injury and wage protection.
Emerging Technologies and Artificial Intelligence: With the growing sophistication in artificial intelligence and machine learning, both employers and employee attorneys are taking note of the practical implications. Many companies are concerned that the increasing reliance on personalized algorithms in hiring and hiring practices may have unintended consequences. For example, artificial intelligence is not immune to the same unconscious bias as humans, and early adopters are preparing for the onslaught of disparate impact lawsuits that may arise if and when tech companies get sued under civil rights laws like Title VII of the Civil Rights Act. Employee attorneys are noticing the opportunity to counsel employees on their rights before any wrongful termination or discrimination occurs by using the same technology to detect potential violations before they occur—and they are finding ways to leverage these tools in their own practices, using artificial intelligence technology like that in RDBA to pitch follow-up appointments and triage clients for law-firm staff appropriately.

Employee Legal Services FAQ

How are employee legal services different from a traditional law firm? Both are licensed attorneys who represent you. The difference is that a traditional lawyer handles almost all legal matters, whereas an employee legal service lawyer usually has a specific area of expertise. For example, an employment attorney typically handles disputes between an employer and an employee. At our firm, we have employment attorneys for these issues, but we also have several other practice areas to help meet your needs.
Will employee legal services be able to represent me for any kind of legal issue? No, most likely not. This type of legal service is usually reserved for certain topics depending on the firm. Most commonly it pertains to employment-related issues such as wage and hour, contract review, severance packages, discrimination, harassment, and unlawful termination among others. For example , California and New York $500 lawyers for employers for various employment law issues.
What if I need an attorney outside of the scope of employee legal services? This type of program usually provides a discount for legal services if you require other areas of the law. For example, if you need a personal injury lawyer, the level of representation may be less than you would receive from a traditional lawyer, but at a discount.
Are employee legal services covered by my health insurance plan? Not typically. While some health benefits programs may be extended to be eligible towards legal services if you have a claim, for example, this is pretty unusual. You will likely have to pay out of pocket for these services.
Will I be required to pay a retainer for employee legal services? Most likely, yes. The services are usually a reduced fee, but you would typically have to pay a retainer before receiving any services.