The Importance of a Labor Law Attorney
In a utopian world, in which both the employer and the employee acted in accordance with the existing law, the main work of a labor law attorney would focus on advising and negotiating before the signing of an employment agreement. But in today’s reality, we witness the daily violation of employees’ basic rights by employers, who do not always do so maliciously or out of a desire to harm employees — this stems mainly from a lack of knowledge of the law.
From the employer’s perspective — cases of ignorance of the law occur mainly in small businesses, which usually lack the resources needed to regularly retain an attorney specializing in labor law. Such employers, who are not well versed in the existing law or in the case law that develops from one case to the next, harm employees’ rights (failure to make pension contributions, for example) and may find themselves facing criminal proceedings and a further civil claim merely because they did not act in accordance with the law.
From the employee’s perspective — many employees encounter new situations they have not experienced before, such as sexual harassment in the workplace; abuse by a manager; pregnant women; non-payment of overtime; dismissals; and so on, and do not know how to cope with these new situations. In these cases, advice from an expert in labor law can significantly affect the employee’s rights, and above all the amount of compensation the employee could have received had they heeded the advice of an experienced labor law attorney.
In addition, there are situations that certainly challenge the employer, the employee, and the legal system alike. At this time, we are witnessing the coronavirus pandemic afflicting the State of Israel — a pandemic that has certainly caused the parties to give legal interpretation to the existing law and to how it is right and worthwhile to treat employees. In such workplaces, an attorney specializing in labor law can certainly prevent a clash between the employer and the employee — a clash whose outcome is known in advance and is certainly unhealthy for the relationship of trust that has formed between the parties, and which will require the investment of significant financial resources if and when it reaches the doorstep of the labor court.
Still Not Convinced You Need an Attorney? You Are Welcome to Test Yourself:
Questions for the employer:
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From what age does the obligation to make pension contributions apply?
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After how many months of work is the employee entitled to social benefits?
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Are the contributions retroactive?
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Is it permitted to deduct a penalty from an employee’s wages?
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Does the Notice to Employee Law also apply to job candidates?
Questions for the employee:
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Is the employer obligated to pay for training?
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Does a change of position require signing a new contract?
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Is there paternity leave for a man?
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Can the employer have the employee sign a non-competition document after the end of employment, and what does that mean in practice?
Some of you may know the answers to these questions, but how sure are you that the information you have is the most up-to-date? And as the old saying goes, “let the violinist play and the frying pan fry” — make sure you do your job in the best possible way and maximize your abilities, and leave the expertise to the experienced professionals who work in the field.
In Which Cases Is It Recommended to Consult a Labor Law Attorney?
In all likelihood, as employees, you will encounter quite a few cases in which your “sixth sense” prompts you to check whether you are entitled to compensation following a work accident that occurred on the way to work or during it, or in cases of resignation and taking sick leave to care for a sick child, in fertility treatments and post-birth rights, the dismissal of a pregnant woman, reserve duty, non-payment of convalescence pay, dismissal due to a change of employers, harm to equal opportunity in the workplace, and so on. In all of the examples we have mentioned there are many rights, and we recommend seeking advice so that an expert in the field can accompany you.
In Which Cases Is It Less Recommended to Consult a Labor Law Attorney?
One of the first things a labor law attorney does when speaking with a client is to assess the risks and prospects in a legal proceeding — in simple terms, how much money the client will have to invest in order to receive compensation for the damage caused to them.
If we look at the following examples, you will be able to understand for yourselves when it is “economical” for you to consult a labor law attorney.
Example 1:
An employer failed to make social contributions for an employee (with a salary of NIS 13,000) for three years, dismissed the employee without a hearing, and did not pay the employee overtime. In this case, it is certainly worthwhile to retain the services of a labor law attorney to accompany the employee in realizing their rights vis-à-vis the employer.
Example 2:
An employer failed to transfer the salary to the employee on time, or there are negligible differences of a few hundred shekels. In these cases, the fee of a labor law attorney would exceed the amount of damage caused to you, and we therefore recommend approaching the employer and demanding what you are owed, without involving a labor law attorney in the matter.
It is important to stress that we do not recommend forgoing rights you have lawfully accrued during your period of employment, but always to think in terms of cost versus benefit, because the time and resources you will need to invest in proving your claims are not always worthwhile in the end.
Can the Employee Demand the Attorney’s Fees from the Employer?
We will divide the answer to this question into two parts: one — a proceeding conducted outside the walls of the labor court; and the second — a claim filed with the labor court.
To the extent no claim was filed with the labor court, it is generally not customary to demand attorney’s fees, and the employee should take this fact into account before approaching an attorney.
If a claim was filed with the labor court, the employee is supposed to receive compensation for this expense, but the court does not always award attorney’s fees, and even when it does, the amount of compensation is subject to the discretion of the judicial instance, and there is no guarantee that you will receive the amount invested in conducting the claim. We therefore recommend in advance not to rely on reimbursement of attorney’s fees, and to regard it as a kind of bonus that will be added to the claim, to the extent you succeed in discharging the burden of persuasion and proving your claim.
What About Self-Representation in the Labor Court?
The answer to this question is self-evident, since any employee who has the ability to retain the services of a labor law attorney would do better to do so rather than represent themselves alone.
But if it is beyond your means, we recommend consulting an attorney in order to examine the cause of action and to sue for the rights you have honestly earned, and there is no reason to forgo wages that belong to you. Self-representation involves considerable risk, and if you are not well versed in the legal process and the rules of procedure, you may find yourselves paying the opposing party’s attorney’s fees because you conducted yourselves in an amateurish manner, and losing the claim.
In addition, the court interprets the law from time to time, and sometimes contradictory rulings are handed down in the courts, so this is not mathematics, and each case is examined on its own merits, in accordance with the strength of the evidence, the degree to which the judge is impressed by the witnesses, and the way in which the trial was conducted. Accordingly, it is recommended to approach an experienced attorney who will assess the prospects of the cause of action before it is filed.
The Question of Questions — How Do You Choose an Attorney?
A preliminary note — the attorney–client relationship is founded on trust, and beyond the power of attorney the client signs, both parties set out together on a new, long path, on which they will need to help one another in order to bring about the success of the claim.
At this point, it is important to choose not only a professional attorney but also to connect with the personality of the individual in whose hands you have placed the conduct of the claim, since unexpected events will likely occur along the way, and only a strong team can overcome them successfully and emerge stronger together. We therefore recommend not to underestimate the importance of this recommendation.
And what about experience in the field? Most cases repeat themselves, but if you have a unique case involving several subjects together, do not hesitate to ask and verify that the attorney has conducted a claim of this kind in the past and whether the attorney has a background in the field.
What Is the Fee of a Labor Law Attorney?
As you have already understood, money is an important component in the equation, but it is not the sole consideration. There are many differences between the various attorneys, stemming from experience, professionalism, geographic location, different pricing methods (base fee, base fee + percentage, percentage), and so on.
An important point regarding claims on a percentage basis. As nice as it is to enlist the attorney for the case and agree on work on a percentage basis, bear in mind that the smaller the claim is relative to its size, or the more the cause of action requires a relatively high investment, the higher the percentage the attorney will demand compared with a claim that is not percentage-based — since this pricing method is meant to reflect the consideration the attorney would receive without the “risk” arising from filing the claim. Therefore, in this case it is advisable to ask the attorney for three price quotes (base fee, base fee + percentage, percentage only), and then you will be able to weigh the payment method that best suits your financial ability and worldview.
In conclusion, every issue requires an individual examination, and we certainly recommend doing your homework before you set out on the adventure of a legal proceeding — and it makes no difference whether you are wearing the hat of the employer or the hat of the employee. That is the main reason why it is always preferable to try to settle the dispute outside the walls of the court and to retain an attorney who will conduct the negotiation for you wisely and with experience, and above all so that you receive your money as quickly as possible while minimizing risk.
If you have reached this point and are not sure of the correct course of action, contact us and we will make sure to provide you with the best answer for you.
