Do I Need a Labor Lawyer?

Labor lawyers are an essential component of employment law. These practitioners are similar to employment attorneys but well-versed in the laws and procedures surrounding labor unions. They can be a useful resource for both employees and employers, as they advise both sides on best practices and procedures. A good labor lawyer provides sound legal advice while steering events toward a satisfying resolution for their client.

Unions are subject to federal and state laws, so it’s vital to work with labor lawyers in your specific jurisdiction.

What Is a Labor Union?

Labor unions are organizations of workers seeking to further their rights in a particular profession. They are common in industries such as education, steel, and automotive.

These associations are governed by both state and federal laws, such as the National Labor Relations Act (NLRA).

The NLRA protects workers’ rights to organize while also maintaining that workers have the right to seek a representative in their collective bargaining with employers.

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What Issues Can a Labor Law Attorney Help With?

If an employment dispute arises between your labor union and management, having access to competent legal advice is the best course of action.

Here are some common employment issues when employers and employees should enlist the services of labor lawyers:

1. Worker Mistreatment

Employees who belong to a labor union are encouraged to come forward with issues of employee rights violations, such as employment discrimination. Labor unions and attorneys will investigate whether such mistreatment is isolated or part of a pattern involving multiple union workers.

Even if the mistreatment comes from a coworker, the employer can still be liable for fostering an unsafe working environment.

2. Wrongful Termination

Employment contracts can make terminating an employee difficult. Any time an employer has cause for terminating a union worker, it’s wise to first speak with a labor attorney who can advise on best practices for avoiding a wrongful termination lawsuit.

Likewise, employees who feel their termination violates state or federal laws are encouraged to speak with their union representatives and seek legal representation.

3. Labor Strike

If your labor organization has decided to go on strike, it may require the services of an employment lawyer to negotiate with the employer during the strike.

In addition to these and other specific legal issues, a labor lawyer can also advise you and your coworkers on forming a union in the first place.

Qualifications of a Labor Lawyer

Before they can practice at a law firm, labor lawyers must receive extensive training. This means earning a bachelor’s degree from an accredited university before enrolling in law school and obtaining a law degree, known as a juris doctor (J.D.). Law students embarking on a legal career are trained in legal research and educated in a variety of practice areas.

Upon earning their J.D., they are only allowed to practice law once they pass a competency exam and are admitted to a state bar. When looking for a lawyer, you’ll want to search for one who has focused their legal practice on labor law issues.

Find the Right Employment Law Attorney For Your Legal Issue

Legal help can be found in many ways, including local bar associations and lawyer referral services. Many law offices offer free consultations to learn about your situation and for you to learn about their legal services before entering the attorney-client relationship.

Visit the Super Lawyers directory to find an experienced labor lawyer. To learn more about this area of law, see our overview of labor and employment law.