Publication date: 04.07.2024
Workplace Lawyer: How they help with litigation
A workplace attorney (labor attorney) specializes in issues related to employment law and provides legal assistance to employees in a variety of situations. Their role is extremely important in resolving labor disputes, especially during litigation. Here's how workplace attorneys can help with litigation.
1. Initial Consultation
1.1 Case assessment
- Situation Analysis: An attorney conducts an initial consultation during which he or she analyzes all the circumstances of your case.
- Legal Assessment: Determines whether there are grounds for legal action and what a possible defense strategy is.
1.2 Explanation of Rights
- Information: An attorney explains your rights and responsibilities under labor law.
- Action Options: Suggests various action options and their possible consequences.
2. Preparing for trial
2.1 Collection of evidence
- Documentation: Assists in collecting and filing all necessary documents such as employment contracts, memos, correspondence with employer, etc.
- Testimonies: Organizes to collect testimonies from colleagues and others who can support your position.
2.2 Drawing up a statement of claim
- Legal Wording: Helps you to properly draft a statement of claim by clearly articulating the claims and justifications.
- Compliance with Procedures: Ensures that all procedural requirements and filing deadlines are met.
3. Representation before the Court
3.1 Court Sessions
- Presentation in Court: Represents your interests at court hearings, arguing your position before the court.
- Cross-examination: Cross-examines witnesses and employer representatives to identify inconsistencies or deficiencies in their testimony.
3.2 Legal Documents
- Document Preparation: Prepares and files all necessary legal documents, motions, and pleadings during litigation.
- Legal Conclusions: Presents the court with legal conclusions and case summaries that summarize your position and arguments.
4. execution of the court decision
4.1 Control of implementation
- Monitoring: Monitors the employer's compliance with the judgment, such as compensation or reinstatement.
- Enforcement actions: If necessary, initiates enforcement of the judgment through the enforcement service.
5. Appeal
5.1 Preparation of the Appeal
- Decision Analysis: Analyzes the trial court's decision, identifying possible errors or grounds for appeal.
- Writing an Appeal: Assists in drafting and filing an appeal, arguing the need for reconsideration of the decision.
5.2 Representation before the Court of Appeal
- Argumentation: Representing your interests in the appellate court, providing new evidence and arguments.
- Procedural Issues: Ensures that all procedural requirements are followed during appellate review.
6. Alternative ways of dispute resolution
6.1 Mediation
- Mediator: An attorney may recommend a professional mediator to resolve a conflict without litigation.
- Negotiations: Assists in negotiations between employee and employer to reach a mutually agreeable solution.
- Agreements: Facilitates the drafting and execution of a mediation agreement that may be approved by the court as a settlement agreement.
6.2 Arbitration
- Alternate Court: An attorney may represent your interests in arbitration if provided for in the employment contract or the parties' agreement.
- Procedure of Arbitration: Ensures that all procedural rules and rules of arbitration are followed.
7. Tips for Choosing a Workplace Lawyer
7.1 Experience and Specialization
- Qualifications: Choose an attorney who specializes specifically in employment law and has relevant experience in resolving employment disputes.
- Feedback and Recommendations: Review reviews from other clients and ask for recommendations from peers or professional organizations.
7.2 Professionalism
- Communication: Pay attention to how the lawyer communicates with you, whether the lawyer clearly explains the legal aspects and possible outcomes of the case.
- Honesty and Transparency: Choose a lawyer who is honest about your chances of success and transparent about the cost of their services.
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7.3 Accessibility
- Location: Preferably, the attorney should be located in your area or be able to travel promptly to meetings and court hearings.
- Time on the Case: Make sure the attorney has enough time and resources to effectively handle your case.
8. Specific examples of assistance of a lawyer in work-related cases
8.1. Reinstatement to Work
Situation: An employee was dismissed without proper justification or in violation of procedure.
Counsel's actions:
- Document Review: The attorney reviews all documents related to the dismissal to identify irregularities.
- Complaint Statement: Drafts a statement of claim to the court for reinstatement and compensation for forced absenteeism.
- Trial Representation: Represents the employee in court, bringing evidence to prove the illegality of the termination.
8.2 Resolution of a Conflict over Non-Payment of Wages
Situation: Employer refuses to pay wages or other benefits due.
Counsel's actions:
- Gathering evidence: The attorney gathers evidence of nonpayment, including bank statements and coworker testimony.
- Legal Steps: Sends a formal request to the employer regarding payment of the debt.
- Suit: Files a lawsuit in court to collect the debt and additional penalties.
Conclusion
A lawyer for labor cases is an integral part of the process of protecting the labor rights of employees. They provide professional legal support at all stages of resolving labor disputes - from initial consultation to representation in court and enforcement of court decisions. Choosing a qualified attorney with relevant experience can significantly increase the chances of success in your case and help you achieve a fair outcome.
Contacting a workplace attorney is a key step to protecting your rights and interests in the employment relationship. Be proactive and utilize all available resources and opportunities to achieve justice in your case.
