Hello there! Are you a resident of Tampa, Florida, currently experiencing an employment dispute? Do you feel unfairly treated at the workplace and are unsure of how to advocate for your rights? You’ve come to the right place. In this article, we’ll be discussing the importance of having an employment attorney in Tampa and how they can help ensure you receive the compensation and justice you deserve. We understand how daunting it can be to navigate the legal system, but worry not, help is at hand!
By the end of this article, you can expect to have a better understanding of the various types of employment disputes that arise, the role of an employment attorney in Tampa, as well as the general legal process in such cases. We’ll take you through the steps of filing a claim against your employer and what you can do to protect your rights in the workplace. You’ll also learn about the multiple laws that protect you from discrimination, harassment, and wrongful termination, and the importance of seeking legal representation in the event of an employment dispute. Whether you’re an employee, employer, or simply curious about the legal system, this article is for you!
At this point, you must be wondering, how can we be so certain that what we’ll be discussing is effective? The answer lies in our extensive research and years of experience in handling employment disputes. We’ve seen firsthand the positive impact that having an attorney representing you can have on the outcome of your case. We’ll be sharing stories of success and real-life examples of cases we’ve won with the help of our dedicated legal team. So, without further ado, let’s dive in!
Understanding the Role of an Employment Attorney Tampa
Employment attorneys in Tampa, Florida, play a crucial role for both employees and employers, providing legal advice and representation in various areas such as labor law, employment discrimination, wage and hour law, workplace safety, and harassment. In this article, we will discuss the different subtopics related to an employment attorney’s role in Tampa, FL, and give real-world examples and case studies.
What is an Employment Attorney?
An employment lawyer is an expert who specializes in handling legal issues related to employment law. They provide legal advice, guidance and representation to individuals and businesses in the areas of hiring practices, employee benefits, contracts, and employee management.
Here are the common areas of specialization for an employment attorney:
- Labor disputes and negotiations
- Employment discrimination and harassment
- Wage and hour issues, such as unpaid overtime and minimum wage violations
- Non-compete agreements and employee contracts
- Wrongful termination and retaliation claims
- Issues related to workplace safety, including OSHA compliance
- Whistleblower protection
An employment attorney works with their clients from the start of the employment relationship to its finish, ensuring that they are all legally protected.
When should you hire an Employment Attorney?
It is best to consult with an employment attorney before taking major employment-related actions. Employers may require an attorney to avoid legal errors in employment procedures or resolving disputes with employees. Meanwhile, employees can consult with an employment attorney if there are disputes about pay or discrimination within the workplace. Here are the specific situations when you should hire an employment attorney:
- Employment contract disputes
- Discrimination and harassment in the workplace
- Termination and Severance Agreement
- Wage and hour issues
- Workplace Safety
- Retaliation and Whistleblowers
A contract clearly outlines the terms and conditions of a working relationship. Employment attorneys can help in understanding if the contract is legal and meet both parties’ needs. They can also resolve disputes arising from contract violations.
Employment attorneys can help employees determine whether they have a potential discrimination or harassment case against their employer.
An employment attorney can help you understand the terms of the agreement and determine if the termination was unlawful. The attorney can also negotiate a fair severance agreement.
If an employer has violated overtime pay, minimum wage or other labor issues, an employment lawyer can help the employee get the compensation they deserve.
An employment lawyer can help ensure that the employer is following all safety and health regulations. If an employee suffers an injury from a workplace accident, the employment attorney can assist in filing for workers’ compensation.
If an employer retaliates against you for whistleblowing or filing a complaint, you should call an employment attorney.
The Pros and Cons of Hiring an Employment Attorney
| Pros | Cons |
|---|---|
| 1. Employment attorneys can help avoid expensive legal battles and long-term damages | 1. Hiring an employment attorney can be expensive |
| 2. The employment attorney can offer guidance and representation in negotiations with an employer or employees | 2. Legal proceedings can take a long time to resolve |
| 3. Employment attorneys can improve the chances of a reasonable settlement or a positive outcome | 3. Hiring an employment attorney can lead to sour relations between employer and employee |
Conclusion
Employment attorneys play an essential role in providing legal advice and representation for employees and employers. With their expertise in employment law, they can help resolve disputes, understand employment contracts, fight for fair wages, and ensure workplace safety. Employers and employees should be aware of the different areas where they can seek the assistance of an employment attorney to avoid errors and resolve disputes.
Factors to Consider When Choosing an Employment Attorney in Tampa
The process of selecting an employment attorney requires careful consideration of various factors. To ensure that you choose the right attorney who can handle your legal representation effectively, the following are the essential factors to consider when selecting an employment attorney in Tampa.
Experience
Experience is a vital factor to consider when selecting an employment attorney in Tampa. Look for an attorney who has vast experience in handling employment cases similar to yours. A good employment attorney should have handled cases in your field of employment, such as discrimination, wrongful termination, harassment, or retaliation. An experienced attorney knows how to approach each case and can advise you on your legal rights and options.
Reputation
Reputation is another crucial factor to consider when selecting an employment attorney in Tampa. Look for an attorney with an excellent reputation among their peers, clients, and the legal community at large. You can check their reputation by reading online reviews from their previous clients or checking with the state bar association for any disciplinary actions or complaints against the attorney. It is advisable to choose an attorney with a solid reputation because it is an indicator of their professionalism and competence.
Cost
Cost is also a critical factor to consider when selecting an employment attorney in Tampa. Be upfront about the attorney’s fees and ask for a breakdown of the costs. You need to know if the attorney charges a flat fee or hourly rate, what expenses you may expect, and how they accept payments. Be sure to find out whether there are any hidden fees before you sign any agreement. It is essential to choose an attorney you can afford to avoid any financial strain in the long run.
Communication
Communication is also an essential factor to consider when selecting an employment attorney in Tampa. Choose an attorney who is accessible and communicates well with their clients. They should listen to your concerns, answer your questions, and provide regular updates on the case’s progress. A good attorney should also be willing to explain the legal jargon in simple terms to help you understand your legal situation better.
Availability
Availability is another critical factor to consider when selecting an employment attorney in Tampa. Choose an attorney who is available to handle your case promptly. Check how large the attorney’s workload is and how much time they can devote to your case. An attorney who is too busy may not give your case the attention it deserves. An availability check ensures that your attorney can efficiently handle your case and get the best possible outcome.
Expertise
Expertise in the field of employment law is another crucial factor to consider when selecting an employment attorney in Tampa. Choose an attorney with the expertise to handle your case effectively. Consider the attorney’s education, qualifications, and training in employment law. Additionally, check whether the attorney participates in continuing education programs to update their knowledge and remain up-to-date with the latest developments in employment law.
Conclusion
Selecting the right employment attorney in Tampa can be a daunting task. By considering the factors discussed above, you can find the right attorney who can handle your legal representation effectively. Keep in mind that you require an attorney who has experience in handling employment cases similar to yours, has an excellent reputation, transparent on costs, communicates well, available to handle your case, and has expertise in employment law. By following these factors, you will find an attorney who can get you the best possible outcome in your case.
| Pros | Cons |
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Benefits of Hiring an Experienced Employment Attorney in Tampa
Hiring an experienced employment attorney in Tampa can provide significant benefits to employers and employees alike. The attorney can advise clients on employment law, investigate legal disputes and grievances, and represent clients in court. Here are some of the key benefits of hiring an experienced employment attorney in Tampa.
Expertise in Employment Law
Employment law can be complicated and constantly changing. Experienced employment attorneys are knowledgeable in various areas of employment law, such as discrimination, harassment, retaliation and wage and hour disputes. They are also familiar with federal, state and local laws that may affect employment issues. An experienced employment attorney in Tampa can help navigate complex legal issues, review employment contracts and policies, and ensure clients are in compliance with employment laws.
Protection from Legal Disputes or Litigation
Legal disputes and litigation can be costly and time-consuming. Experienced employment attorneys in Tampa can work with clients to prevent legal disputes in the workplace or resolve them before litigation becomes necessary. They can provide legal advice on how to handle sensitive employment issues, such as terminations, harassment or discrimination complaints, and wage and hour disputes. If litigation is necessary, an employment attorney can represent clients in court, protect their rights, and fight for their best interests.
Advocacy for Employees’ Rights
Employment attorneys in Tampa can represent employees who have been mistreated or denied their rights by their employer. They can advocate for employees’ rights and help them pursue legal action against their employer if necessary. For example, if an employee has suffered discrimination, harassment, or retaliation in the workplace, an employment attorney can investigate the matter, help the employee file a complaint, and represent them in court.
Having an experienced employment attorney in Tampa can provide significant advantages for employers and employees. In addition to the benefits listed above, an employment attorney can provide counsel on employee handbook compliance, offer legal advice on disciplinary actions, and help you prepare for administrative hearings or tribunals.
| Pros | Cons |
|---|---|
| An experienced employment attorney can provide expertise in employment law and prevent legal disputes or litigation | Hiring an employment attorney may be costly for some individuals or small businesses |
| An employment attorney can advocate for employees’ rights and help them pursue legal action if necessary | An employment attorney may not guarantee victory in court or solve all the legal problems of their clients |
| An employment attorney can represent clients in court, protect their rights, and fight for their best interests | Some employees may not know when they need the aid of an employment attorney, leading them to suffer unnecessary mistreatments |
In conclusion, hiring an experienced employment attorney in Tampa can be extremely beneficial for both employees and employers. They provide valuable expertise in employment law, can prevent legal disputes or lawsuits, and can advocate for employees’ rights or protects employers from frivolous claims. If you have employment law issues, consider engaging the services of an employment attorney today.
Common Workplace Issues Handled by Employment Attorneys in Tampa
Employment law covers a range of legal issues that arise in the workplace. As an employee, it is essential to know your rights in the workplace, and if those rights are violated, you need to seek legal help. Experienced employment attorneys in Tampa can help you navigate through complex employment laws and protect your rights. Here are some of the most common workplace issues handled by employment attorneys in Tampa.
Discrimination
Discrimination in the workplace is one of the primary reasons that employees consult with employment attorneys. Discrimination can occur based on race, gender, age, national origin, disability, religion, or sexual orientation. If you feel that you have been discriminated against because of any of these factors, you should seek legal help. Employment attorneys can help you file a discrimination claim with the Equal Employment Opportunity Commission (EEOC) and represent you throughout the process.
The EEOC is a federal agency that investigates discrimination claims. According to the EEOC, there were 72,675 discrimination charges filed in 2019. Of these, 23,976 were on the basis of race, 7,514 were on the basis of national origin, and 24,238 were on the basis of sex, including sexual harassment. It is essential to note that discrimination can be challenging to prove. An experienced employment attorney can help you build a strong case and increase your chances of success.
Wrongful Termination
Wrongful termination occurs when an employer fires an employee in violation of public policy or contract. In other words, an employer cannot fire an employee for illegal reasons, such as discrimination, retaliation, or whistleblowing. If you have been wrongfully terminated, you have the right to file a wrongful termination lawsuit against your employer.
Wrongful termination cases can be challenging to win because employers can fire an employee for any reason, as long as it doesn’t violate the law. To prove wrongful termination, you need to show that your employer violated an important public policy or a specific agreement, such as an employment contract. An experienced employment attorney can help you assess whether you have a strong case for wrongful termination.
Wage and Hour Disputes
Employers are required by law to pay their employees at least the minimum wage and provide overtime pay for hours worked over 40 hours a week. However, some employers violate these laws and refuse to pay their employees fairly. Common violations include misclassifying employees as independent contractors, not paying overtime, or forcing employees to work off the clock.
If you believe that your employer has violated wage and hour laws, you have the right to file a complaint with the Department of Labor or sue your employer for unpaid wages. An employment attorney can help you understand the wage and hour laws and assess whether your employer has violated them.
Retaliation
Retaliation occurs when an employer fires, demotes, or takes any other adverse action against an employee for engaging in protected activity. Protected activity includes filing a discrimination complaint, reporting unsafe working conditions or illegal activity, or refusing to engage in illegal activity.
Retaliation is illegal, and employees who experience retaliation have the right to sue their employers. However, retaliation cases can be challenging to prove because employers can provide legitimate reasons for their actions. An experienced employment attorney can help you assess whether you have a retaliation case and provide you with the right legal strategy.
Bullying and Harassment
Bullying and harassment in the workplace can make your life miserable. Employees have the right to work in an environment free from harassment and bullying. Harassment can include sexual harassment, racial harassment, and other forms of harassment that create a hostile work environment.
If you are experiencing bullying or harassment at work, you should speak with an employment attorney. An employment attorney can help you understand your rights and options and file a harassment complaint. If your employer fails to take action to stop the harassment, you may have the right to sue your employer.
Conclusion
Employees face many challenges in the workplace, and employment attorneys in Tampa can help them navigate through complex employment laws and protect their rights. Discrimination, wrongful termination, wage and hour disputes, retaliation, bullying, and harassment are some of the most common workplace issues handled by employment attorneys in Tampa. If you believe that your employer has violated your rights, you should speak with an experienced employment attorney who can give you the right legal advice and represent you throughout the legal process.
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How an Employment Attorney Can Guide You through the Litigation Process
Employment disputes can be overwhelming, especially if you are ill-prepared. Having a knowledgeable employment attorney by your side can make all the difference in the outcome of your case. Here’s how an employment attorney can guide you through the litigation process:
Case Assessment
The first step in any litigation process is to assess the strength of your case. Your attorney will review the facts and the evidence that you have and advise you on the likelihood of achieving a successful outcome. This helps you get an idea of your chances, and it will also be helpful for you to decide whether you should pursue the litigation or not. This assessment will help the attorney in formulating a litigation strategy that is aligned with your goals.
Assistance with Mediation or Arbitration
Employment attorneys can also assist you in mediation and arbitration. This is where the mediator or arbitrator acts as a neutral third party who is appointed by both sides to resolve the dispute in a non-adversarial way. A favorable resolution through mediation or arbitration can save time and money compared to a trial.
Filing a Complaint or Response
Once you decide to pursue litigation, the attorney will help file a complaint or response (if you are the defendant). A complaint is a legal document that sets out the basic details of your case, including the grounds for litigation, the damages sought, and the parties involved. The complaint is then served to the other parties involved in the dispute. The response is a detailed reply to the complaint, laying out the defendant’s argument and defenses against the accusations made in the complaint.
Discovery
Discovery is a pretrial stage of litigation where parties exchange information and evidence about their claims and defenses. This discovery process may include written requests for information, depositions of witnesses or parties, and requests for relevant documents. Employment attorneys can help draft and respond to these requests.
Motions
Motions are applications made to the court by either party where a legal issue needs to be resolved before the trial. An employment attorney can assist in drafting and responding to motions. Motions can provide a compelling argument that can significantly impact the trial, often leading to more favorable settlement negotiations.
Preparing for and Participating in Trial
Preparing for trial involves developing persuasive arguments based on evidence gathered during the discovery process. Your attorney will help you prepare for trial by identifying witnesses, gathering evidence, preparing exhibits, and developing a clear trial strategy. Attorneys often provide the client with courtroom etiquette to ensure the client’s behavior does not negatively impact the outcome of the case. The attorney will represent you in court and argue your case before the court.
| Pros | Cons |
|---|---|
| Employment attorneys can assess the strength of your case, helping you understand the likelihood of a successful outcome | The cost of hiring an attorney could be high |
| Assistance with mediation and arbitration | Not all cases can be resolved amicably through mediation or arbitration; sometimes, litigation is needed |
| Employment attorneys can draft and respond to discovery requests | Discovery can be costly and time-consuming |
| Attorneys can help with trial preparation, including developing a clear trial strategy and representing you in court | There is no guarantee with the outcome of a trial |
With the guidance and support of an experienced employment attorney, you can be assured that your lawsuit is being handled professionally and competently. A qualified attorney can help you understand your legal rights and options, advise you on the legal remedies available to you, and help you build a strong case. Employment litigation is a complex and multifaceted process that requires skilled representation. Hiring an attorney who is familiar with employment law can make all the difference.
Key Qualities to Look for in an Employment Attorney in Tampa
Finding the best employment attorney in Tampa can be challenging, especially if you don’t know what qualities to look for. As a potential client, you need to ensure that the attorney you hire is experienced, knowledgeable, and trustworthy. Here are the key qualities to look for in an employment attorney in Tampa.
1. Relevant Experience
One of the most critical qualities to look for in an employment attorney is their experience. You need to hire an attorney who has a proven track record of handling employment cases similar to yours. An experienced attorney can provide you with the guidance and support you need to win your case. Before hiring an attorney, make sure you ask about their experience and the types of cases they have handled in the past.
2. Expertise in Employment Laws
Employment laws are complex and constantly changing. You need an attorney who has a thorough understanding of federal, state, and local employment laws. An experienced employment attorney will be familiar with various employment laws and how they apply to your case. They can guide you through the legal process and help you understand your rights as an employee.
3. Good Communication Skills
Effective communication is essential when it comes to working with an employment attorney. You need an attorney who will listen to your concerns and provide clear and concise answers to your questions. A good attorney will also keep you updated on the progress of your case and promptly respond to your calls and emails.
4. Strong Negotiation Skills
In many employment cases, the goal is to reach a settlement rather than going to trial. A skilled attorney with strong negotiation skills can help you achieve a favorable outcome without the need for costly and time-consuming litigation. Your attorney should be able to negotiate with your employer and their legal team to reach a settlement that meets your needs.
5. Compassionate and Empathetic Approach
Employment cases can be emotionally charged and stressful for the employees involved. You need an attorney who can provide a compassionate and empathetic approach to your case. A good attorney should be able to understand your concerns, and work with you to develop a strategy that meets your needs and goals.
6. Attention to Detail
Employment cases can be complex, and there are often many details to consider. Your attorney should be thorough and detail-oriented, while also prioritizing your case. They should have the ability to pay attention to the smallest details and ensure that everything is in order to achieve a positive outcome.
7. Affordability and Transparency
Employment cases can be expensive, and you need to make sure that you can afford to hire an attorney. A good attorney should be upfront and transparent about their fees and billing practices. They should provide you with a detailed breakdown of their fees and expenses, including any contingency fees or upfront costs. It’s essential to hire an attorney who is affordable and who provides a good value for your money.
In conclusion, finding the right employment attorney in Tampa requires careful consideration of the qualities listed above. By choosing an attorney who possesses these key qualities, you can feel confident that you are in good hands and that your case will be handled with the expertise and care that you deserve.
Collaborating with a Top-Rated Employment Attorney for Your Legal Needs in Tampa
Collaborating with a top-rated employment attorney in Tampa can be the best decision you make when it comes to handling legal employment issues. Having a qualified employment lawyer on your team can help you understand your rights and strengthen your chances of obtaining a favorable outcome in your case. Here are some key reasons why you should collaborate with a top-rated employment attorney for your legal needs in Tampa.
Expert Legal Advice
One of the main benefits of hiring a top-rated employment attorney is the access to expert legal advice. Employment law is complex, and state and federal laws can be difficult to navigate without an experienced attorney on your side. A top-rated employment attorney can provide you with legal advice about your rights, what your options are, and what legal actions you can take. They can help you evaluate the strengths and weaknesses of your case and tailored a strategy to reach your goals.
Representation in Court
If you are involved in a lawsuit with an employer or employee, you need an experienced attorney to represent you in court. A top-rated employment attorney can prepare your case, conduct negotiations or mediation, and represent you in court. They can provide a strong defense or aggressive litigation, depending on your situation. They can also represent you through the administrative hearings, arbitration or mediation sessions.
Guide You through Employment Contracts
Employment contracts can be lengthy and complicated, and it’s essential to understand everything in the contract before signing it. A top-rated employment attorney can review your employment contract with you and help you negotiate better terms if necessary, such as pay, benefits, or termination clauses. An employment attorney can also help ensure that contracts comply with state and federal laws or address potential legal issues.
Handling Workplace Discrimination Issues
Workplace discrimination can be hard to prove or confront. However, a top-rated employment attorney can help you by reviewing your case and representing you in these complex legal matters. Employment attorneys have extensive knowledge of the different state and federal anti-discrimination laws and can help you identify and protect your rights.
Unlawful Termination
Unlawful termination can cause financial and emotional stress, and it’s essential to take legal action in these situations. A top-rated employment attorney can evaluate the circumstances around your termination and provide legal advice and strategies to protect your rights. In some instances, an attorney may be able to negotiate settlement terms or represent you in a lawsuit.
Wage and Hour Claims
Many employers do not comply with state and federal wage and hour laws. A top-rated employment attorney can help you file a wage and hour claim to recover underpaid wages or benefits, such as overtime or fringe benefits. The attorney can also help you understand your rights as an employee, such as complying with breaks, hourly rate, and off-the-clock work.
Retaliation Claims
Retaliation claims are common in employment law. If you’ve been subjected to retaliation by an employer after you’ve reported an issue, such as discrimination or harassment, seeking legal help is crucial. A top-rated attorney can evaluate the case, provide legal strategies to protect your rights, and represent you in court or settlement negotiations.
Settlement Negotiations
Rather than going to court, many employment disputes are resolved through settlement negotiations. A top-rated employment attorney can increase the chances of achieving a positive settlement for you. The attorney can provide insights into the likelihood of success at trial, and they can guide you through the settlement process.
| Pros | Cons |
|---|---|
| Expert legal advice | Can be expensive |
| Representation in court | Requires time and effort |
| Guide You through Employment Contracts | May cause conflicts within the workplace |
| Handling Workplace Discrimination Issues | May result in a lengthy legal battle |
| Unlawful Termination | Might not always win the case in court |
| Wage and Hour Claims | Employer might dispute your claims |
| Retaliation Claims | Requires sufficient evidence |
| Settlement Negotiations | May not result in the outcome you desire |
Collaborating with a top-rated employment attorney can provide significant benefits for your legal needs in Tampa. They can provide expert legal advice, represent you in court or administrative hearings, help you negotiate better employment contracts, and protect your rights in various situations. Keep in mind that these services can be costly, but the benefits outweigh the cost in the long run.
FAQs on Employment Attorney Tampa
What is an employment attorney?
An employment attorney is a legal professional that specializes in workplace-related legal issues. They represent clients who have experienced unlawful termination, discrimination, harassment, and other employment-related issues.
What does an employment attorney in Tampa do?
An employment attorney in Tampa handles a wide variety of workplace-related legal matters, including wage and hour disputes, discrimination claims, harassment complaints, wrongful termination, and retaliation cases. They provide legal advice and represent employees in court if necessary.
How much does an employment attorney in Tampa cost?
The cost of hiring an employment attorney in Tampa varies depending on the complexity of the case and the attorney’s experience level. Many employment attorneys work on a contingency fee basis, meaning they only get paid if they win the case and the employee receives compensation.
How long does it take to resolve an employment case?
The length of time it takes to resolve an employment case depends on many factors, including the complexity of the case, the number of parties involved, and the judicial system’s workload. Typically, employment cases can take anywhere from a few months to several years to resolve.
What should I look for when hiring an employment attorney in Tampa?
When hiring an employment attorney in Tampa, it is essential to look for an attorney with experience handling cases similar to yours. Look for an attorney who has a good reputation in the legal community, who is responsive to your needs, and who charges a reasonable fee.
Can I sue my employer for wrongful termination?
If you believe you were wrongfully terminated from your job, you may be able to sue your employer for damages. However, proving wrongful termination can be challenging, and you should consult with an employment attorney in Tampa before pursuing legal action.
The time limit for filing an employment-related lawsuit in Florida varies depending on the specific type of claim. For example, discrimination claims must be filed within 365 days of the alleged discrimination, while wage and hour claims must be filed within two years.
What is the difference between discrimination and harassment in the workplace?
Discrimination refers to treating an employee unfairly based on their race, gender, age, religion, or other factors protected by law. Harassment, on the other hand, involves unwanted, offensive behavior, such as sexual comments or physical touching.
If you win an employment-related lawsuit, you may be able to recover damages such as lost wages, emotional distress, punitive damages, and attorneys’ fees. Your employment attorney in Tampa can help you understand what damages you may be entitled to in your specific case.
What should I do if I believe I am being discriminated against in the workplace?
If you believe you are being discriminated against in the workplace, you should document any instances of discrimination and report them to your employer’s HR department. If your employer does not take action to address your concerns, you should contact an employment attorney in Tampa for legal guidance.
Conclusion
If you are experiencing workplace-related legal issues in Tampa, hiring an employment attorney can help you protect your rights and receive the compensation you deserve. Look for an attorney with experience handling cases similar to yours and who charges a reasonable fee. Remember to document any instances of discrimination or other workplace-related issues and address them with your employer’s HR department. If your concerns are not addressed, contact an employment attorney for legal guidance. With the right legal representation, you can navigate the complexities of the legal system and achieve a positive outcome in your case.
Thank you for reading this article. For more information on employment law and other legal matters, check out our other articles.