Whether or not you need an attorney depends on you, your situation, and what you want to achieve. There are certain aspects of employment law where it is important for an employee to have legal advice.
Some of these situations include:
• an appeal in an unemployment benefits case;
• a workers’ compensation complaint; and,
• when there is direct negotiation with the employer.
As in any legal situation, if the other side brings an attorney with him or her, this can indicate an escalation of the legalities of the case, and you should hire an attorney to represent you.
There is also the issue of emotion in litigation, especially when a person has lost his or her job for what may be an unfair reason. It may be extremely difficult for an employee who was just wronged by his or her employer to maintain the negotiation skills needed to work out a settlement. Employment attorneys become the buffer between the employee and the employer when trying to come to a fair settlement.
An attorney will look at the employee’s situation with an eye toward the current laws. Employment attorneys ask questions about how the employee was treated, how the termination was handled, and other issues that may uncover legal violations that a person untrained in this type of law would overlook. Keep in mind that in every legal employment issue the employee is under time constraints. If an employee waits too long to decide what to do, the opportunity for filing a legal complaint may be gone forever. Having an employment attorney review your situation and provide advice will at least provide you with your options and help you make a decision as to what steps to take.