- Employment Law, General Discussion, Hershey-Law
Article Overview
What is an employment attorney? At its most basic, an employment attorney provides legal advice and representation to employees on workplace-related matters by helping workers understand their rights, navigate disputes with employers, and pursue legal action when those rights are violated.
Not all employment lawyers are the same. A trial employment attorney in California handles serious workplace disputes and is prepared to take cases to court when necessary. These attorneys represent employees in wrongful termination, discrimination, harassment, retaliation, whistleblower claims, and wage violations — and they prepare every case with the discipline that courtroom litigation requires.
Not all employment lawyers try cases. Trial experience affects how evidence is gathered, how negotiations unfold, and how strong a case appears to employers and their defense attorneys when settlement discussions begin. Hershey Law can walk you through what trial employment attorneys do, the types of cases they handle, and how they differ from labor lawyers in California.
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What Does an Employment Attorney Do?
Employment attorneys handle disputes that arise from the relationship between employees and employers. Employment lawyers guide employees through both internal complaints and, when necessary, formal legal action. The goal of employment attorneys is to help workers recover from the wrongs done to them by employers and to protect their legal rights going forward.
Administrative Proceedings
Many workplace disputes begin before a government agency rather than in court. Employment lawyers file or respond to complaints with agencies such as the California Civil Rights Department, the Equal Employment Opportunity Commission, or the Labor Commissioner. These proceedings require detailed documentation, position statements, and strict deadline compliance. A misstep at this stage can weaken any later lawsuit, which is why employment attorneys often become involved before a formal claim is ever filed.
Employment Decisions and Contract Review
Employment attorneys also advise employees on critical decisions, including reviewing severance agreements, employment contracts, or the risks of signing a release of claims. Early legal advice from employment lawyers can prevent a dispute from escalating — or help an employee understand what rights they may be giving up before it is too late.
Employee Misclassification
Misclassification remains a common issue under California labor laws. When employers misclassify a worker as an independent contractor rather than an employee, disputes arise over overtime, meal and rest breaks, or benefits. Employment lawyers evaluate whether the classification complies with California labor laws and whether unpaid wages or other compensation may be recoverable under the Fair Labor Standards Act or state law.
What Makes a Trial Employment Attorney Different
Trial employment lawyers build cases with a courtroom outcome in mind from the beginning. That approach affects how evidence is documented, how depositions are conducted, and how employment attorneys negotiate with defense counsel. Employers and their lawyers treat a case differently when they know the employment attorney across the table is prepared to try it.
Many employment cases settle before reaching a jury. But the credibility of trial employment lawyers during negotiations often determines the outcome. Employers are more willing to offer fair resolutions when employment attorneys have a track record of trying cases and winning them.
Employment Attorneys vs. Labor Lawyers
People often use these terms interchangeably, but employment attorneys and labor lawyers serve different roles under labor and employment law.
| Employment Attorney | Labor Lawyer |
| Represents individual employees | Represents labor unions or organized workers |
| Handles discrimination, harassment, retaliation, wrongful termination, and wage claims | Handles collective bargaining, union negotiations, and contract grievances |
| Focuses on individual employment matters and labor laws governing the employer-employee relationship | Focuses on collective bargaining agreements, labor unions, and labor-management disputes |
Labor lawyers generally deal with relations between management and labor unions, working on collective bargaining agreements, grievance procedures, and the rights of unionized workers. Employment lawyers handle the broader relationship between non-union employers and employees under individual employment law.
In some cases — particularly when an employee in a unionized environment faces a discrimination claim — both a labor lawyer and an employment attorney may be needed. Wage and hour claims, employment contracts, and at-will employment disputes are typically handled by employment lawyers rather than labor lawyers, even when labor unions are present in the same workplace.
How Employment Lawyers Help Employees
Employment attorneys represent individuals whose workplace rights have been violated by employers. While the specific facts of each case vary, certain types of cases appear most frequently when employees turn to employment lawyers for help.
Wrongful Termination
Wrongful termination occurs when employers fire an employee for an unlawful reason, retaliation for reporting misconduct, discrimination based on a protected characteristic, or whistleblowing activity. Trial employment attorneys investigate the timing of events, internal communications, and company policies to determine whether the termination violated California law and what remedies are available to protect the employee.
Discrimination and Harassment
California labor laws and federal laws including Title VII of the Civil Rights Act and the Fair Employment and Housing Act protect employees from discrimination and harassment based on race, age, gender, national origin, disability, pregnancy, religion, and other protected categories. Employment discrimination occurs when employers treat employees unfairly because of those characteristics. Sexual harassment in the workplace — whether from employers or co-workers — is a form of discrimination that employment lawyers frequently handle. Employment attorneys gather evidence, interview witnesses, and evaluate whether employers failed to address unlawful conduct.
Wage and Hour Violations
The Fair Labor Standards Act and California labor laws require employers to pay employees at least the minimum wage, pay overtime correctly, provide required meal and rest breaks, and accurately log work hours. When employers fail to pay employees properly — whether through unpaid wages, unpaid leave, minimum wage violations, or overtime pay errors — employment lawyers pursue recovery on the employee’s behalf. Wage and hour violations are among the most common labor violations employment attorneys see in California.
Whistleblower and Retaliation Cases
Employees who report unlawful conduct, safety violations, or regulatory breaches are protected under California law, including Labor Code § 1102.5. When employers retaliate against employees for asserting their legal rights through adverse employment action, demotion, or termination employment attorneys evaluate whether retaliation occurred and pursue appropriate remedies to protect the employee’s career and compensation.
Common Misconceptions About Employment Attorneys
You only need an attorney if you are fired. Many employment disputes arise long before termination. Harassment, wage violations, and hostile work environment issues often benefit from early involvement of employment lawyers before situations escalate.
Employment lawyers always go to court. While trial readiness is important, many employment cases resolve through negotiated settlements or mediation. Trial employment attorneys pursue the path that best protects their clients.
You cannot afford legal help. Many employment lawyers handle cases on a contingency basis, meaning their fees are tied to recovery rather than upfront payment. Hiring employment attorneys does not always require out-of-pocket costs.
Human Resources acts in your interest. HR departments address complaints, but their role is to protect the organization and its employers. Independent legal advice from employment lawyers may still be necessary even after an internal complaint is filed.
How to Find the Right Employment Attorney
When looking for employment lawyers, verify their labor and employment law experience and review publicly available information such as client reviews or professional recognitions. Ask about practice areas and the types of cases they handle. Confirm whether they offer a free consultation and clarify the fee arrangement upfront including whether cases are handled on a contingency basis or an hourly rate. Pay attention to communication style. Employment attorneys should be transparent about risks and realistic about outcomes while remaining approachable and responsive throughout the process.
Why Choose Hershey Law
Hershey Law has represented California employees since 2017, focusing on wrongful termination, discrimination, retaliation, and wage-related disputes. Our employment lawyers have been recognized on the Super Lawyers Rising Stars list and handle cases from initial investigation through trial when necessary.
We protect workers exclusively. Hershey Law never represents employers or corporations — every case our employment attorneys take is on behalf of an employee whose rights deserve fearless, committed advocacy. With offices in Los Angeles and Orange County, our law firm represents employees throughout California.
Justice is the sweetest revenge. If your employers have violated your rights, our employment lawyers can help you get it. Request a free consultation today.
