The Importance of an Employment Lawyer
You need an employment lawyer who understands your rights at work. An employment lawyer can assist you with workplace disputes, wage claims, and discrimination cases.
Employment lawyers determine whether a person has been wronged by a current or former employer who may have treated the person unlawfully. Employment lawyers usually charge an initial fee for your first conversation about the minefield of employment law.
Employment lawyers cannot guarantee your success in a lawsuit. But good employment lawyers know what to say while defending your interests. And good employment lawyers receive calls for help on a daily basis. So if the employment lawyer doesn’t usually know the answer or the way to get you what you need , good employment lawyers will refer you elsewhere.
We say regularly that the best time to see an employment lawyer was yesterday. But if you have an immediate employment-related need it is because your workplace rights are under attack.
Common Employment Law Matters in Omaha
The state of Nebraska has many laws, rules and regulations that apply to most employers. Some of these laws vary and change each year so it can be difficult for both management and employees to know whether their rights are being upheld. Furthermore, each city and each industry can have their own issues that come into play. Perhaps you work in a female dominated profession and have never experienced being the subject of sexist remarks. If an employee in a more male-dominated business were to file a harassment suit you might find it hard to empathize with her.
There are several employment law issues that affect residents of Omaha, no matter what profession they work in. For instance, on average, there are 2 wrongful termination lawsuits filed per 1,000 employees. In 2010, Nebraska ranked 14th in this category which means that it’s very likely that someone you know has been terminated from their employment despite meeting all reasonable expectations. It goes without saying that even if you do not suspect your employer of firing someone out of malice, employees who are wrongfully terminated have a right to seek compensation so it is always advisable to consult an Omaha employment law attorney.
Harassment is another issue that many people are not comfortable seeking legal remedy for. It’s common for people to wonder if they would be believed or even if they would be intimidated into withdrawing a case entirely. But whether or not you have experienced harassment on the job, it is important to advocate for your own rights because it may benefit others as well. Even though their laws vary from state to state, employers can be held accountable for harassing behavior even when it is committed by a third party or customer.
Along with the other issues we have discussed, workplace safety is also concern for many employees. Workplace injuries have long-term consequences. In addition to being physically painful, they can cause financial hardship, mental anguish and emotional damage. Workers’ compensation is an employee’s only source of remuneration following a workplace injury which is why businesses are required to provide their employees with coverage. Your employer has an obligation to fulfill and to provide you with compensation while you recover from an injury but they are also self-interested and will try to avoid paying out as much as possible. Whether or not you believe that your employer is at fault for your injury, remember that they may also try to shift the blame onto you to avoid or lessen liability.
Selecting the Right Lawyer for Your Case
When it comes to picking the best employment law attorney in Omaha for your case, there are several factors to take into account. One of the most important is their experience. You’ll want to find someone who specializes in the type of case that you’re bringing them. You’re also going to want to learn about their past history with similar clients so that you can choose someone who has the experience you need to win. You’ll also want to take the time to read reviews of the attorney’s office. Most modern law offices have websites, and many of them allow for current and past clients to leave reviews of their services. You can use these reviews to guide your decision. If you see several people saying that they’re dissatisfied with the way that their case was handled or that they felt ignored by the attorney, then you probably won’t want to hire that person. Make sure to ask about their fees and billing system. There are several different ways that an attorney can be paid based off of your specific case, which we’ll get into more detail about shortly. It’s also important to get an attorney who is located in the Omaha area.
What to Anticipate from the Legal Process
If you’re like many potential clients, the legal process is often a mystery. While your attorney is there to walk you through the legal complexities of your case, it’s good to have an idea of what to expect. Here’s a brief overview of the process:
The consultation:
When you come into the law firm for a consultation, you can expect to meet with a paralegal or legal assistant who will gather some basic information about you. This general information gathering often includes reviewing the facts of your situation and answering the paralegal’s questions, which will help them assess the details of your case. You will generally review your employment folder, which contains your personnel file, any documentation related to the case, and other materials you may have received regarding your situation.
The meeting with the attorney:
The next step is meeting with an attorney who works for the firm. The attorney will review your folder and information about your case, engage with you in conversation (either in person or over the phone), and answer your questions about the law firm’s services and your legal situation. After thoroughly reviewing your case, the attorney and the firm’s staff will determine whether they can represent you.
If the law firm you consult with doesn’t feel it can represent you, they will probably be able to refer you to someone else with another law firm who specializes in the area you need, or they might have a pro bono legal service provider they can refer you to. The attorney may also ask you to come back for a second in-person meeting if they need to obtain more documents or information from you prior to representation.
After taking on a case, a firm will typically contact you to either come into their office for a meeting or have you fill out the necessary forms that relate to your case. You should receive information about the firm, such as your attorney’s email address and direct phone number so you can contact them with any questions or concerns. They will describe any next steps, and inform you about the process moving forward.
Your attorney will explain how he or she will keep you updated on the progress of your case. You must provide your attorney with copies of any additional documentation that relates to your case, including pay stubs, performance reviews, written warnings from supervisors or HR, job postings, termination letters and any severance offer, and anything else you can think of that addresses your employment at your company.
Most cases involve the following steps:
Your attorney will explain to you what to expect at each stage of the process, and will guide you through any required paperwork or communication with other parties.
Employment Lawyer: Questions You Should Ask
Below are some questions that we have found to be helpful in narrowing down your list of potential employment lawyers to meet with. Not every question will be applicable to every situation, but asking the right questions will help ensure you make an informed decision.
What types of employment law do you handle? Always ask about the types of employment law the attorney handles. If you find yourself considered to be in a protected class for federal and state anti-discrimination laws, then the Omaha employment attorney should be versed in those areas. This can include age, disability, race, color, sex, national origin, religion, pregnancy, HIV status, and genetics.
Who will be working on my case? In some cases, you may find that you are talking to a new associate or partner in a firm . Most initial meetings with an attorney are with a more seasoned attorney who may not be the one actually handling the case. Ask who you will be relying on when it comes time to negotiate a settlement or litigate a case.
How much do you charge for legal services? This question is vital because the answer you receive will differ from one firm to another. Some attorneys will charge a flat fee, a retainer, or an hourly rate. You should also ask how often you will be billed (i.e., monthly or after the case is over) and how expenses are managed (i.e., billing for phone calls with clients or opposing parties). You do not want to be surprised by the terms of your agreement.
Is this a good case? This question may be dependent on an initial consultation and whether or not you have a good case. Even if the attorney does not think you have a good case, he/she may agree to take it with little risk involved.
Fees for an Employment Attorney
Fees for legal services can vary widely depending on an attorney’s experience, the economic climate and local factors such as the cost of living. In Omaha, hourly rates usually range between $200 and $300. This is a high price for most people in Omaha to pay for employment law services.
Litigation can get expensive – fact discovery and depositions can cost as much as $50,000. So, you want an Attorney that will work with you to reduce your fees, not add to them. A great employment Law firm adds value to your Claim, rather than adding to your costs by spending time on unnecessary tasks that do not aid in the prosecution of your Claim.
What you want is a lawyer that charges flat fees for their services and does not bill by the hour. A flat fee is a fixed amount of money paid for a service or work performed; this is often referred to as a retainer. The retainer may cover the cost of their fees up to a certain point. You have the option to pay your attorney all at once, in installments, or wait until after the case is settled.
You may find that many law firms offer payment plans or limited free legal services, also called "pro-bono" work. So, if you can’t afford an attorney right away, this might be something to ask about when interviewing possible employment lawyers in Omaha. If you explain the situation to them, they might be able to offer a plan.
If you can afford it, hiring an attorney who charges a flat fee is well worth the money. It will save you time, money and lost earnings by getting you back to work sooner. If you don’t have the money, however, don’t be embarrassed to tell your attorney that your case is too expensive for you to handle on your own. Good lawyers understand and will be happy to help you find a satisfactory solution, whether it involves working out a payment plan, putting you in contact with the Nebraska ACLU or guiding you through the legal labyrinth on your own.
Working with an employment law attorney who understands the financial limitations that many people face regarding litigation of wage and hour law disputes may save you money in the long run.
Employment Lawyer Reviews and Testimonials
Over the past few years, we have seen how effective the Omaha employment law attorneys you will be considering really are in getting their clients the results that they have requested from them. It is not uncommon for there to be people come forward with amazing stories about how well they were treated, and what great results were attained.
Take, for example, a case where the person was fired for some minor incident where they even admitted to the mistake. In this case, the employment law attorney talked to the person and said that there may be a good case here to sue for wrongful termination. There was an investigation carried out, evidence was found, and this attorney was able to work out a settlement where the person got thousands more than they ever thought they would get, based only on a small accident where the employee never expected to be let go . Could this be you?
Another Omaha employment law attorney can be credited for a equal amount of success. This attorney worked for wrongful termination right after the birth of a baby. This case started when the person was pregnant and was mistreated and harassed by the employer because of her pregnancy. The harassment continued after the baby was born, and this attorney was able to get her a settlement in the amount of tens of thousands of dollars which really helped to take some of the financial strain off of the family.
Many people have had success with more than just these two or three examples, but these do illustrate just how effective the focused Omaha employment law attorneys can be for their clients when they are mistreated by employers. Most times, they are able to get you the settlement that you desire, but they will only be able to help you if you contact them to start the conversation.
