Employment law is complex and state-specific, making it important to hire a Virginia employment contract lawyer before signing an agreement. The lawyer will help you in understanding the legal terminologies used in employment legal papers and handbooks.
Employment contract lawyers are mostly involved in solving any legal differences between employers and employees. Whether you are an employer or an employee, an employment contract lawyer will assist you in case of contract violation or workplace discrimination. The HKM Employment Attorneys LLP law firm in Arlington, Virginia, serves clients from all over Northern Virginia, including McLean, Alexandria, and Fairfax County.
It’s essential to know the distinction between a contract worker and an employee. Under Virginia law, a worker is generally considered an employee if his or her employer:
- Furnishes tools, materials, and equipment needed to do the work
- Sets the hours of work
- Withholds payroll federal and state income taxes and Social Security taxes
- Receives direction and training from the employer about how to do the work and
- Is paid by the hour, week, or month instead of being paid after a job’s completion
When should an Employer Hire a Contract Lawyer?
If you are an employer, an employment attorney is useful in helping you understand various national and state employment laws. He or she will also ensure that your employees abide by these laws. You can also hire an employment lawyer to help you draft employment contracts, non-compete agreements, severance agreements, or other terms and conditions.
Some of the reasons that you may need an attorney include;
- In case your employee accuses you of harassment or discrimination and files a claim against you
- To represent you in collective bargaining
- If you want to make changes to the current pension plan
- If you are planning to lay off some employees or want to stop giving them their benefits
When an Employee Can Hire an Employment Attorney
At times, your employer may take unlawful actions that will affect you or your employment benefits negatively. If such a case arises, it is advisable to call an employment lawyer immediately. It’s ideal to avoid delaying such cases because any delays may hinder your ability to prove that the employer committed illegal acts against you.
As an employee, you may seek an attorney’s assistance in any of the following cases;
- Your boss harasses or discriminates you
- You’re asked to sign a non-compete agreement upon your hire
- Your boss violates any national or state employment laws
- If you are illegally fired or your contract was terminated unlawfully
- You are forced to sign a contract to give up your employee benefits
- Your boss fails to give the benefits stated in your employment contract
- Any other contract dispute
You need to seek assistance from an employment attorney for contract disputes. However, you must first ensure that you have not violated any federal laws or state laws. A labor attorney helps you understand the problem you may be facing. If the need arises, the attorney will represent your best interests when undertaking a legal dispute.
When hiring an employment attorney, ensure you choose one who is trustworthy and conversant with employment law. If you have any questions related to employment issues in Arlington, Virginia, contact HKM Employment Attorneys for a consultation.