There’s a good chance that one day you will need a Californian employment attorney to represent your business in a civil action. For example, an employee falsely accuses you of negligence or you could be accused of not being wheelchair accessible.
There’s even a risk of filing a case against your partner for breach of fiduciary duties. There’s a spectrum of legal issues you need to prepare for.
What is a Civil Defense Lawyer? Duties and Responsibilities
Civil defense lawyers represent their clients in non-criminal cases where an aggrieved party (claimant) wants compensation for damages resulting from action or inaction by another party (defendant). Employment attorneys represent clients in civil cases where the dispute relates to employer-employee interactions.
Your civil litigation lawyer represents you through each step in the case, from pretrial hearings and depositions to arbitration and mediation, where the matter should end. If not, the next step is the trial where your lawyer represents you in front of a judge, jury, or both.
Attorneys prepare for the case by carrying out the following steps:
- Investigate activities and evidence
- Research pertinent laws
- Prepare for depositions
- File motions
- Negotiate settlements
Qualities of a Good Civil Defense Lawyer
Civil defense lawyers must have many qualities to provide comprehensive services to their clients. Personal qualities include critical thinking, empathy, and organization. They must also have impeccable professional qualities.
Extensive Experience in Employment Law
Employment law is tricky so you want a civil lawyer with extensive experience in the finer points of the matter. Someone who uses the nuances to swing a case their client’s way.
You want a lawyer with a good reputation and who inspires confidence. They need communication skills, not only to ensure you are always kept in the loop, but also to negotiate effectively, and captivate in court.
Internal Investigations and Compliance Reviews
Businesses must comply with state and federal laws or face mandatory sentences, heavy fines, and imprisonment. Your business law attorney in California will help ensure your company is completely compliant with employment and business laws. This is typically through formal compliance programs.
Internal investigations are conducted before and after the program has been implemented. Firstly, to detect problem areas. Secondly, to check up on employees and ensure they aren’t putting the business at risk by non-compliance.
Your civil attorney can help conduct internal investigations by ensuring all the employees’ rights are respected, especially relating to their right to privacy and right to counsel.
Subsequent investigations determine its effectiveness by measuring it against the initial investigation. Weaknesses can be addressed through training programs for all employees.
Wide Array of Legal Resources and Expertise
Legal resources include essential information; for example, literature regarding legislation and case law. Successful law firms have all the resources their attorneys need to create cases based on up-to-date legislation and precedents that impact their client’s civil actions.
Resources are divided into two categories: Primary and secondary. Primary resources include legislation, case law, and treaties. Secondary resources include commentary; law discussions in government reports and articles in law journals.
A library of resources enables employment lawyers to build upon their expertise, making them even more skilled at their jobs.
Types of Employment Law Cases Handled by Civil Defense Lawyers
Employment lawyers can represent you in different types of complex issues. Their vast knowledge and access to the best resources will help you present the best defense possible.
Hour Claims and Unpaid Wages Disputes
California has a high percentage of wage and hour disputes, so it’s critical to have an attorney experienced in employment law disputes. Disputes generally fall into three categories: unpaid wages, overtime issues, and vacation pay.
Unpaid wages, the most common dispute, include bad checks and unauthorized deductions.
Discrimination and Retaliation Claims in the Workplace
Discrimination is also common in employment disputes. They are many types of employment discrimination, including race, sex, sexual orientation, religion, the nation of origin, disability, and age.
Retaliation occurs when an employee is “punished” for an act that has a deleterious effect on the business. Actions punished include whistleblowing, allegations of sexual harassment, and complaints, for example, unauthorized deductions from wages.
Breach of Contract and Fiduciary Duty Claims
Employment contracts can be breached by employers and employees. For example, an employee at a forex company might give investment advice to friends. An employer might pay employees three days later than in the contract.
Employers can also fail in their fiduciary duties to the business by acting unethically in a manner that damages the company’s reputation. For example, leak intellectual property information to competitors.
U.S. Court of Appeals and Complex Litigation Matters
In civil cases, either party can appeal the result of a case. The appellant’s attorney must file an appeal with a higher federal court. The appellee’s lawyer submits a brief defending the decision.
In most cases, the judge’s decision is final. There is no further redress. However, there are two exceptions.
- The case is sent back for a retrial.
- The judge’s decision is appealed in the U.S. Supreme Court. The case must have a writ of certiorari or a written request for the case to be heard at the U.S. Supreme Court. This only occurs in very serious errors.
Complex disputes are when several attorneys represent the client or the case involves multiple claimants and/or defendants who each have one or more attorneys. These cases usually include complex employment law violations or have a lot of money at stake.
Work with Our California Employment Attorneys and Ensure Your Business is Protected from Legal Claims
Our California-based employment attorneys are expert negotiators and litigators who specialize in fields that include business litigation and conflict resolution issues.
We offer 24/7 service so you can get legal advice whenever you need it. For a free consultation, call us at 866-320-4854 at LibertyBell Law Group today!