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Frequently Asked Questions
When is the Best time to consult with an Attorney?
The best time to consult an attorney is before you need one. You can oftern affect your future legal rights by taking the correct steps before, as an employer, you must deal with a tough personnel problem, or as an employee, before you face disciplinary action, harassment, termination or loss of benefits.
As an employer, how can I insure that I am complying with the law, limiting my legal liabilities and motivating and effectively managing my employees?
The key to effective management of employees is consistency. The best way to insure consistency is to develop personnel policies that best meet the needs of your business and that comply with state and federal law. Employers often develop employee handbooks for communicating company policies to employees, but such handbooks also are effective in complying with the company's many legal obligations such as confirming that the employment relationship is "at-will," complying with wage and hour laws, and meeting its duty to provide an non-discriminatory and harassment-free workplace. Of course once you have the policies in place, you must apply the consistently.
As an Employee, how can I insure that my company respects my rights?
To protect your rights you must first know your rights. Employers have wide latitude in how employees work and what they work on as long as they meet certain legal minimums such as minimum wage and payment of overtime for non-exempt employees, and as long as they are making employment decisions for business-related, non discriminatory and non retaliatory reasons. When in doubt it is usually best to bring your concerns to your management (in writing) so that the company can investigate and correct the situation. You can also complain to outside governmental agencies. Usually such complaints are protected by law from retaliatory action.
What does legal representation cost?
Ever heard the saying, "If you think education is expensive, how about ignorance?" The same applies to legal representation. It depends on your case, your goals , and whether you are the plaintiff or the defendant. Where the goal is a large damage award or settlement, an attorney might take the case "on contingency" where attorney's fees are a percentage of the amount recovered. Lawyers who represent employers normally charge on an hourly basis and in both situations the client usually pays the costs of litigation which can be substantial. Thus you must balance the cost of representation against the rights allegedly violated, the potential revovery or liability, the evidence, witnesses, documents, and the time. Lawyers often consultation or retainer fees, so ask up front.
How long do I have to file a lawsuit or complaint?
The right to bring legal and administrative actions is limited by statues of limitations that can vary widely depending on the rights allegedly violated. Filling a grievance under a union contract may be limited to a couple of weeks. The time limits for some administrative complaints and lawsuits may be as short as six months and many tort actions must be initiated within one year of the date of the wrong. In California, an employee must file a complaint of discrimination with either the state of federal anti-discrimination agency within one year of the wrong as a prerequisite to filling any discrimination lawsuit, but many statues have longer limitation periods even up to four years. Federal and state limitations periods can vary. Thus consult an attorney.
Can I pay an attorney to just write a letter for me?
Of course, but what happens when the letter is answered? Do you expect the attorney to respond? That is why attorneys are required to present their clients with written representation agreements that cover these points and why you should always demand one.
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