Labor disputes are extremely common. At the same time, employees themselves often agree with this state of affairs, allowing directors to ignore the requirements of the labor legislation and dutifully bear direct violations of the law. The main causes of labor disputes are the illegal dismissal, non-payment or delay of wages. However, in fact, the rights of employers are violated much more often, another thing is that employees do not always realize what rights they have and, therefore, do not always understand that they have been violated.
What if a labor dispute arises?
The first advice you should give is to immediately contact labor and employment law firms nyc if you even think that your interests are being ignored and your rights are being violated. At the same time, one should not be afraid that the boss will deprive of the prize in retaliation or even dismiss: any personnel officer knows that such methods are directly illegal and can entail serious troubles both for the company as a whole and its manager in particular. Therefore, even if there is a direct directive from the director, it is extremely rare to comply with this directive and go against the law, because they are aware of the possible onset of administrative or even criminal liability for their actions.
How can a labor lawyer help?
Turning to a labor dispute attorney for advice will help you to navigate in a timely manner, to understand what legal rules are violated by the employer, to understand the spectrum of his duties to the staff and you in particular.
Analysis of court decisions shows that conflicts in the presence of a labor dispute lawyer are mainly resolved in favor of the employee. Of course, in the event of unlawful dismissal, it is quite possible to restore work through the court, but trusting relations with the boss in this case will not be possible to restore. Although, it still makes sense even if you are not going to continue working in the company with which you sued. Victory in such a dispute, as a rule, means that the employee can obtain payment for involuntary absenteeism, unused vacation, as well as moral compensation and other payments stipulated by labor legislation, which in itself brings not only financial satisfaction, but also moral.
However, even if your dismissal or other infringement of interests was carried out in accordance with the requirements of the law, various errors and clerical errors almost always occur. For example, inconsistent dates, missed deadlines, lack of signatures on documents or even loss of documents themselves. A qualified labor lawyer is able to identify all these inaccuracies and skillfully use them in court. As a result, the employee will be reinstated in his previous position.
Labor lawyer consultation
Timely consultation of a labor lawyer can significantly delay the process of dismissal and impede the implementation of illegal actions by management in relation to you. This is due to the psychological effect: any person often backs off if he sees that his opponent is clearly knowledgeable in legal matters and at least superficially focuses on the content of legislative acts. An employer is even more likely to give in, because it realizes that an employee’s appeal to the court may threaten not only that he will be in a stupid position in the eyes of other subordinates, but also financial costs.
A legal advice on labor disputes will help to objectively and comprehensively assess the situation, determine the number and strength of arguments, predict the possible development of events and outline an action plan. In the same case, when in fact the employer did not really violate your rights and your boss acted lawfully, you will be able to avoid clarifying the relationship and will not show yourself for the worse.