If you feel that your employer is doing something illegal or unethical to you or other employees, you should seek legal help. An experienced employee rights lawyer can explain your legal situation to you and advise how best to proceed. Here are a few circumstances where this may be the case.
If you’re not sure whether or not you need an employee rights lawyer, here are some situations where it can help.
- when you need to know your rights
- when you need to know how to enforce your rights
- when you’re not sure which rights apply in your situation
This article outlines circumstances where an employee rights lawyer can help with your case.
Author: Farrah Motley, Legal Principal of Prosper Law and an employee rights lawyer.
Situations where you have been unfairly dismissed
If you are being unfairly dismissed, an employee rights lawyer can help you get your job back. There are many reasons why a company may want to dismiss an employee. If the reason is unlawful or discriminatory, they may be unable to terminate your employment and will need to offer another remedy instead.
An employee rights lawyer can also assist with other issues that arise when you are dismissed such as ensuring that any redundancy procedures have been correctly followed and advising on whether any compensation is due for unfair dismissal or injury to feelings (if applicable).
Read this article if you want to learn more about unfair dismissal.
Situations when your employer is asking you to pay for their own mistakes
In this situation, you might be asked to pay for your employer’s mistakes. Many employers will suggest that you bear some of the costs associated with their wrongdoing or errors.
This could include:
- paying for a supervisor who is on leave because he was fired from a previous job and needs time off before he can do his own work;
- filing a workers’ compensation claim after an injury on the job; and/or
- accrued vacation time that accrued but was never paid out to employees.
Situations when you are not getting fair wages for the job you do
The Fair Work Act is legislation that protects the rights of employees and employers. It sets out the minimum conditions that must be met in order for an employment relationship to lawfully exist.
There are several ways you can find out if your boss has breached their legal obligations under the Fair Work Act:
- by checking whether they have a signed agreement with you that meets certain standards outlined by government legislation
- by contacting an employee rights lawyer who will advise you on how best to proceed with your complaint
If your employer has breached its obligations under the Fair Work Act, there are various ways in which you may be able to address this issue.
Situations when your employer is asking you to do something that is against the law
If your employer is asking you to do to do something that is against the law, get in touch with an employee rights lawyer.
Your employer may also being trying to get you to do something that violates your employment contract. This can be stressful and cause harm to the employment relationship.
In these situations, an employee rights lawyer can help reduce the stress and manage your legal dispute for you. Remember, all employees have the benefit of legal protections and your employer cannot require you to do something that is against the law or your employment contract/
We hope this article has helped you understand when it’s best to get an employee rights lawyer. If you think you deserve compensation for a workplace injury, talk to us about how we can help.
How can Prosper Law help?
Prosper Law is Australia’s online law firm. We provide legal advice to businesses and individuals across Australia. Our areas of legal practice include contracts, eCommerce, publishing, legal counsel and employment law.
If you need to talk to an employee rights lawyer, get in touch today.
Contact the team at Prosper Law today to discuss how we can provide you with workplace legal advice for a fixed fee or at affordable hourly rates.
Farrah Motley | Legal Principal
PROSPER LAW – Australia’s Online Law Firm
M: 0422 721 121
A: Suite No. 99, Level 54, 111 Eagle Street, Brisbane, Queensland Australia 4000
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