What An Employment Law Attorney Can Do
When clients first reach out to an employment law attorney, they often ask what to expect from working with them. The first thing you can expect from an employment law attorney is legal advice on workplace issues. Attorneys help clients assess their situation to determine if they are missing opportunities for pay or benefits. They understand federal, state, and local laws and know how to help you interpret their legal meaning.
Another service employment law attorneys offer is representation in disputes with current and former employers. More often than not, these disputes involve matters such as benefits, terminations, and safety. You can also expect your attorney to handle a trial if your case proceeds, though trial numbers in the country are currently dipping because of the pandemic. Some clients want an attorney for bargaining purposes so they can get an attorney’s opinion when countering job offers .
Employment law attorneys also have extensive experience with employment contracts in Charleston, SC. Attorneys can help you decide whether to enter into a contract or not. If you have already signed a contract, an attorney can help you figure out whether you’ve experienced a breach of contract and what to do about it. Non-compete contracts are prevalent throughout the United States and in the Charleston area. If you’ve signed one of these contracts, you may not be able to work for a competing business if your current employer lets you go. An attorney can help you determine whether your contract is enforceable in your situation.
When you sit down for a consultation, your attorney will also inform you of other potential legal issues regarding workplace issues as well. Sometimes, they might recommend that you do not go through with a lawsuit. After all, while the attorney can represent you in many situations, they cannot sue on your behalf if the legal matter involves criminal issues.
Why You Should Retain the Services of an Employment Lawyer
Wrongful Termination and Constructive Discharge Cases
A wrongful termination (or constructive discharge) occurs when you are terminated or forced to resign from your job based upon your employer’s violation of your rights. This may be due to your employer in Charleston, South Carolina breaching your contract, or they may be doing it to get rid of you, in order for them to be able to hire someone else without "baggage." If you suspect that you have been wrongfully terminated, you should consult with an experienced employment law attorney in the Charleston, SC area.
Discrimination
If you have been discriminated against by an employer in Charleston, SC area, then you need to contact an employment law attorney with experience in these cases. Maybe you’ve been denied medicinal leave that you need due to your disability, or possibly you did not get that promotion due to your age, or you were dismissed based on your pregnancy – whatever the occurrence, you want a professional that can help you seek the compensation that you deserve.
Unemployment Compensation
If you’ve lost your job, you may be entitled to unemployment compensation. However, your employer in Charleston, SC may try to fight you on the issue, possibly even lying about the circumstances of your employment. Without the assistance of an employment law attorney, you may very well lose out on this opportunity. An accomplished attorney that has experience with this type of situation is familiar with the rules and regulations of unemployment compensation, as well as knowing how to handle the company or your former employer, and they may be able to recover any money that you have lost.
Wage and Hour Disputes
Employers are notorious for violating the wage and hour laws. You probably work a lot of extra hours and aren’t getting paid for them, making less than minimum wage isn’t much better, and if you’re not getting breaks or you are not getting the duration of the breaks that you’re supposed to have, that is also a violation of the wage and hour laws. An employment law attorney can assist you if you have any wage and hour disputes with your employer.
Labor Relations Issues
All companies have to adhere to the labor laws that are in place for their particular industry. You could be the victim of an unfair labor environment, such as having difficulty making breaks or not receiving the breaks that you need, or working overtime without pay – whatever the circumstance, it is wise to contact an employment law lawyer in the Charleston, SC area.
How To Select your Employment Lawyer
When "finding the right employment attorney" for your South Carolina case you should think about several factors including but not limited to, the attorney’s "experience," "area of specialization," "client reviews" or testimonials" and his or her "success rate" in employment cases. Of course, the best starting place for evaluating any attorney is their website. Suggested research tips include: In addition to the items mentioned above, a potential client should be very clear as to what services are being provided by the Lawyer during the initial consultation. Are they required to do the work on their case or is the attorney going to do the "heavy lifting?" Is this a "flat fee" case or is it a case where the client will be billed hourly? Some attorneys might say that these questions are not fair as to how a potential client evaluates an attorney. But, the truth is that all of those questions are fair. If you decide to hire an attorney then it is critical to be clear about what is expected and who is responsible for what during the course of the representation. The "retainer agreement" should be drafted in such a way that it answers any possible questions. Also, it is important to understand that it is up to the attorney to make the first communication. Sometimes I have heard that an attorney does not return calls from prospective clients. This is not only bad form, in my opinion, but also could be unethical. In most instances, an attorney must return calls from prospective clients.
Current Employment Law Trends in Charleston, SC
An expansive city with a changing landscape, Charleston, SC continues to grow and develop as quickly as the economy. In the employment law world, Charleston has witnessed a decade of rapidly shifting trends and issues. The biggest issues? Changes in local legislation (whether tacked on to state bills or not), issues relating to the pandemic (and other health concerns), and the continual rise of wage and hour lawsuits.
The City of Charleston Read Ordinances
In past decades, Charleston, SC was often seen as an afterthought when it came to state and federal legislation. That’s no longer the case. In 2018, the Charleston City Council passed an ordinance prohibiting "employment discrimination on the bases of sex, sexual orientation, gender identity characteristics of transgender status, and protected religion." It is even broader than that—applying to all public and private employers, even where fewer than 25 employees are employed. While this took force only on March 15, 2019, it is one of a handful of similar Charleston employment ordinances we’ll be seeing in the next few years.
COVID-19 and Other Health-Related Issues: An Employer’s Headache
The pandemic has resulted in (and continues to result in) an onslaught of employment cases. If you’re not yet familiar with the federal and state FFCRA regulations, get familiar. If you’re not already on top of vaccine requirements and protections , it’s time to get on board. This is coupled with potential issues relating to pandemic-related vaccinations—they were rolled out in 2020 and Charleston was an early adopter. However, as we have already seen, there may be new variants emerging that could affect whether or not a vaccination is necessary under the circumstances.
Wage & Hour Lawsuits almost Everywhere (Including Charleston)
Wage and hour lawsuits for the non-exempt and salaried workers continue to dominate the employment law world and are rising in the Charleston area just as they are everywhere else. Given the broad area of what constitutes "hours worked," it can be difficult to determine whether or not the FLSA may apply and how it might apply. For example, there are trainings and meetings that aren’t necessarily considered "part of the job"—but under the FLSA, they might constitute time worked. That’s just one way the grey area of the FLSA can be applied to the new world of remote work in Charleston, SC. Other examples of times that make for frequent litigation? The FLSA doesn’t cover some of these—but will definitely result in many unnecessary hours of litigation for the Charleston, SC business. And businesses in Charleston know: disputes are expensive. Additionally, the pandemic has served as a spotlight on issues like the need for fair and equitable pay. Staying on top of these emerging issues is the business of an employment law attorney. And local legislation, health-related issues, and wage hour concerns are just a few of the ways that Charleston, SC employment law is getting complex.
Legal Help for Charleston-based Employees
Employees in Charleston, SC have access to a variety of legal resources to assist them in navigating the often complicated landscape of employment law. Legal Aid of South Carolina is one of the premier services offered to Charleston residents. This nonprofit has provided free legal assistance to low-income individuals since 1976, and their staff attorneys and volunteer lawyers handle a multitude of legal issues, including employment law. They work with eligible citizens to find solutions to legal problems.
The Charleston office is located at 2115 Northwoods Blvd #9, Charleston, SC 29406; call (843) 747-1013 for details. Parent Advocates Plus supports families of children with special needs , providing resources and advocates to help resolve conflict in the school system.
Piedmont Legal Services, Inc., is a non-profit organization dedicated to helping individuals with legal problems they cannot afford to fix. PLS serves Charleston and 11 other counties in South Carolina. PLS assists with a wide range of issues such as housing, consumer and family law. Many of their offices are online, so consult the official site for more information.
Other legal resources that might not be as common include the Governor’s Affairs Office, the Department of Protection and Advocacy, and the Department of Labor Licensing and Regulation.