Employee rights attorneys handle a diverse range of cases, including discrimination, pay and benefits disputes, wrongful termination, and workplace safety issues. They may work for private clients, government agencies, or advocacy groups, and must be knowledgeable about relevant laws and case law.
Employee rights attorneys specialize in a legal practice characterized by a wide diversity of client types, practice areas and facilities. Whether working on behalf of private clients seeking solutions through civil litigation, as advocates for regulatory and legislative reform, or within government agencies tasked with protecting the rights of unionized workers, these lawyers must achieve mastery of issues such as racial discrimination in hiring, salary and benefit disputes, family and medical concerns, wrongful termination claims, and workplace safety issues. Regardless of the forum in which they operate, attorneys in this specialty share a common goal of ensuring fair employment practices across all sectors of the economy.
The areas of harassment and discrimination based on race, gender, national origin or other protected classifications comprise a significant portion of the work performed by employee rights attorneys. The laws governing this type of conduct in the workplace vary by jurisdiction, and therefore it is up to professionals to familiarize themselves with all statutes and case law pertaining to their clients’ concerns. Employee rights attorneys frequently undertake representation of aggrieved parties in all types of dispute resolution proceedings, including arbitration, informal negotiations with employers and, if necessary, civil litigation.
Disputes over pay and benefits form another significant focus of many employee rights attorneys. Among the issues often litigated or negotiated are minimum wage rules, health insurance coverage requirements, pension regulations, and disability issues. Disputes involving the application of medical and family license policies and laws also form the basis of many matters dealt with by professionals in this specialty.
Wrongful termination and other problems related to the end of an employment relationship also fall within the purview of employee rights lawyers. Insurance continuation rules, the applicability of non-compete agreements and entitlement to unemployment benefits are all topics frequently addressed by attorneys dedicated to advocating on behalf of employees. These disputes may form the basis of litigation or arbitration, but may also be subject to the jurisdiction of specialized administrative agencies before which employee rights attorneys regularly appear.
Additional expertise in the field of defending employee rights can be found in lawyers working in government agencies responsible for protecting workers’ rights. In the United States, the National Council on Labor Relations employs an army of lawyers charged with guaranteeing the right to organize and appoint bargaining representatives. In addition, these lawyers work to stop and provide remedies after cases of unfair labor practices, regardless of whether they originate from private employers or the unions themselves. Employee rights advocates who want to effect changes in prevailing public policy often accept positions in advocacy groups and think tanks. Regardless of the chosen subspecialty, the sheer amount of issues faced by workers in all employment categories makes this area of law attractive to many.
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