What Does an Employer Attorney Do?

Employer attorneys specialize in representing businesses in all matters related to employment law. They serve as legal advisors and advocates, helping companies develop policies that comply with federal, state, and local regulations while protecting the company's interests.

These specialized lawyers typically handle issues including wrongful termination claims, discrimination allegations, wage disputes, workplace safety violations, and harassment complaints. They also assist with drafting employment contracts, creating employee handbooks, and developing compliance programs that help businesses avoid legal pitfalls.

Many employer attorneys work on both preventative measures and active litigation. They conduct internal investigations when complaints arise and represent businesses in court or before administrative agencies like the Equal Employment Opportunity Commission (EEOC). Their expertise extends to navigating complex laws such as the Fair Labor Standards Act, Americans with Disabilities Act, and Family Medical Leave Act.

When to Hire an Employer Attorney

Determining the right time to engage an employer attorney can prevent small issues from becoming major legal problems. Consider consulting with an employment lawyer when:

Creating employment policies - Having professionally drafted employee handbooks and workplace policies can prevent disputes before they occur. These documents establish clear expectations and procedures that protect both the employer and employees.

Facing employee complaints - When an employee files a formal complaint about discrimination, harassment, or other workplace issues, an attorney can help investigate properly and respond appropriately.

Making termination decisions - Before firing employees, especially in potentially contentious situations, consulting an attorney can help ensure the termination follows proper legal procedures and minimizes the risk of wrongful termination claims.

Receiving government notices - If your business receives notice of an investigation or complaint from a government agency like the Department of Labor or EEOC, immediate legal representation is crucial.

Provider Comparison: Employer Attorney Services

When selecting an employer attorney, businesses have several options ranging from large national firms to boutique employment law specialists. Each provider offers different advantages depending on your company's size and needs:

  • Littler Mendelson - The largest employment law firm in the world, offering comprehensive services for businesses of all sizes with offices throughout the country. Specializes in class action defense and has extensive resources for complex litigation.
  • Jackson Lewis - Known for preventative strategies and compliance programs. Offers fixed-fee services for ongoing employment counsel, making budgeting more predictable.
  • Ogletree Deakins - Focuses exclusively on labor and employment law with specialized industry teams for healthcare, retail, and manufacturing sectors.
  • Fisher Phillips - Emphasizes proactive compliance and offers specialized services for emerging employment issues like remote work policies and AI in hiring practices.

When comparing providers, consider factors beyond hourly rates. Evaluate their experience in your specific industry, their approach to litigation versus settlement, and their ability to provide ongoing compliance advice that prevents future legal issues.

Benefits and Drawbacks of Specialized Employment Counsel

Understanding the advantages and potential limitations of working with employer attorneys can help businesses make informed decisions about legal representation.

Benefits:

  • Risk reduction - Proactive legal counsel can identify potential compliance issues before they result in lawsuits or government penalties.
  • Cost efficiency - While legal services require investment, they typically cost far less than defending against lawsuits or paying regulatory fines.
  • Policy development - Attorneys help create legally sound workplace policies that protect the company while fostering a positive work environment.
  • Litigation advantage - Having experienced counsel increases the likelihood of favorable outcomes in employment disputes.

Potential drawbacks:

  • Legal expenses - Quality employment law representation can be costly, particularly for small businesses with limited resources.
  • Communication challenges - Some attorneys may use excessive legal jargon or fail to explain complex concepts in accessible terms.
  • Over-caution - Some legal advisors may recommend extremely conservative approaches that limit operational flexibility.

Many businesses find that working with Seyfarth Shaw or Morgan Lewis provides a balanced approach that protects legal interests while supporting business objectives.

Pricing Models for Employer Attorney Services

Legal services for employment matters come with various pricing structures. Understanding these options helps businesses budget appropriately and select the most cost-effective representation model.

Hourly billing - The traditional model where attorneys charge by the hour. Rates typically range from $250-$650 per hour depending on attorney experience and location. This model works well for one-time issues but can become unpredictable for ongoing matters.

Flat-fee arrangements - Some firms like Constangy, Brooks, Smith & Prophete offer fixed pricing for specific services such as handbook reviews, training programs, or audit preparations. This provides budget certainty and works well for defined projects.

Monthly retainers - For businesses needing regular access to legal counsel, retainer arrangements provide ongoing advice for a set monthly fee. This model encourages consultation before problems arise and typically includes unlimited phone advice.

Success-based fees - Less common in employment law, but some attorneys may offer reduced hourly rates with bonus structures based on achieving specific outcomes in litigation or negotiations.

Many businesses find that combining approaches works best - using retainer services for day-to-day advice while negotiating flat fees for specific projects like compliance audits or training programs. Firms such as BakerHostetler often customize pricing models based on client needs and relationship length.

Conclusion

Selecting the right employer attorney represents a critical business decision that impacts both legal protection and operational efficiency. The ideal legal partner not only defends your interests when disputes arise but helps create a workplace environment that prevents problems through proper policies and procedures. Whether you choose a large national firm like Littler Mendelson or a specialized boutique practice, ensure they understand your industry and business goals. By investing in qualified employment counsel before legal issues emerge, businesses can significantly reduce risks while creating compliant, productive workplaces. Consider consulting with several providers to find the right match for your company's specific needs and culture.

Citations

This content was written by AI and reviewed by a human for quality and compliance.