You work hard. You show up, hit your goals, and play by the rules. But then, out of nowhere, you’re pushed aside, mistreated—or worse, fired without warning. Suddenly, everything feels off. Was it just bad luck, or was it illegal? If you’ve been overlooked, silenced, harassed, or let go for reasons that don’t sit right, it’s time to look deeper. Workplace discrimination, unwanted sexual advances, and employer misconduct aren’t just toxic, they’re violations of your legal rights. This is where an employment lawyer comes in. Knowing when to seek legal counsel can protect more than just your job; it can protect your future, finances, and self-respect.
In this guide, we’ll clarify when does an employee need an employment lawyer by breaking down real-life examples where an employment lawyer’s help becomes not only smart but necessary. We’ll walk you through your rights, explain the state and federal laws that protect you, and show how employment law attorneys help people take a stand.
1. When You Experience Workplace Discrimination
Discrimination isn’t always obvious. Sometimes, it’s in the comments made during meetings. Other times, it’s in the promotions you didn’t get or the shifts you were removed from without explanation.
Workplace discrimination occurs when someone is treated unfairly due to their gender identity, sexual orientation, race, national origin, religion, age, or disability—all of which are part of a protected class under federal employment law.
These protections are enforced by the Equal Employment Opportunity Commission (EEOC) and supported by various state and federal laws.
State-specific protections:
- California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on sexual orientation, gender identity, marital status, and more—even in smaller workplaces.
- Colorado’s Anti-Discrimination Act (CADA) protects against discrimination based on race, religion, sex, age, disability, sexual orientation, gender identity, and marital status. The 2023 POWR Act strengthened these protections by removing the “severe or pervasive” standard for harassment claims.
- Nevada Revised Statutes (NRS 613) make it illegal to discriminate against an employee during hiring, firing, or promotion based on race, religion, gender, disability, or other protected categories.
Real-life examples of workplace discrimination:
- Being passed over for promotion due to your sexual orientation.
- Receiving less overtime pay than colleagues of a different national origin.
- Termination after announcing a pregnancy.
If this sounds familiar, gathering evidence such as emails, reviews, or witness statements can strengthen your legal claims.
2. When You’ve Been Wrongfully Terminated
If you were wrongfully terminated, you might still be protected under the law, especially if your firing stemmed from discrimination, employer retaliation, or a violation of your employment contracts.
While many states follow at-will employment rules, where employers can terminate employment without cause, exceptions apply.
State-specific exceptions:
- In California, termination that violates public policy—such as firing an employee for refusing to engage in illegal conduct—is considered wrongful termination under the principles established in Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167.
- Nevada law (NRS 613.340) prohibits employers from retaliating against employees who oppose discriminatory practices or assist in investigations or hearings involving employment discrimination. Additionally, under Nevada’s public policy exception to at-will employment, firing an employee for whistleblowing or filing a workers’ compensation claim may also qualify as wrongful termination.
- Colorado courts recognize wrongful discharge if the firing violates public interest, such as reporting safety violations or refusing illegal directives, as established in Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992).
Common signs of wrongful termination:
- Your employer fired you after you reported sexual harassment or unethical behavior.
- Your employer let you go after you requested accommodations for a disability.
- Your former employer fired you for taking protected leave under the Family and Medical Leave Act (FMLA).
If your former employer violated the terms outlined in your employment agreements or severance agreements after your termination, or if your firing involved violations of your employee rights, you may have grounds to pursue legal claims. Review your employment documents, revisit your employment agreements, and note any communication related to your dismissal. If your firing followed a protected activity, you could be facing a clear employment law violation.
3. When Facing Sexual Harassment or Workplace Harassment
Sexual harassment and workplace harassment don’t always happen behind closed doors—they can occur in emails, casual remarks, or meetings. They’re never okay. These behaviors violate employment law and can lead to serious emotional and financial consequences.
Even if you report sexual harassment or workplace harassment to your HR department, some employers fail to act, or worse, retaliate. Employer retaliation is a clear employment law violation under state and federal laws, and you may need to seek legal counsel immediately.
Harassment cases may involve:
- Lewd messages or inappropriate comments.
- Isolation or demotion after rejecting unwanted sexual advances.
- Co-workers or supervisors mocked or excluded you due to your gender identity or disability.
Both state and federal laws protect employees from these hostile environments. Filing a formal complaint with the EEOC and keeping a record of incidents are crucial first steps. Document the dates, witnesses, and communications to support your legal claims if the harassment continues.
4. When Dealing with Wage and Hour Disputes
Wage and hour disputes hit where it hurts—your income. If your employer fails to pay minimum wage, refuses overtime pay, or docks your hours unfairly, that’s more than poor management—it could be illegal.
The Fair Labor Standards Act (FLSA) and state-specific labor laws set clear rules about how employees must be paid.
Signs you’re in a wage dispute:
- Your employer asks you to work “off the clock”.
- Your employer doesn’t pay you overtime for the extra hours you work.
- Your paycheck shows unexplained deductions.
Review your employment agreements, pay stubs, and schedules. Identifying discrepancies can help you recover lost wages and potential additional compensation. Keep track of all legal documents and hours worked to protect your rights.
5. When You’re Offered or Disputing Employment Contracts
Whether you’re being hired, promoted, or laid off, employment agreements often include binding clauses you need to understand, like non-compete agreements, non-disclosure agreements (NDAs), and severance agreements.
State-specific contract law highlights:
- California prohibits most non-compete clauses under Business and Professions Code §16600. As of 2024, SB 699 also makes it unlawful for employers to enforce or even attempt to enforce non-competes, even if signed out of state.
- Colorado restricts non-compete use through the Colorado Restrictive Employment Agreements Act, allowing it only for executives or those with trade secrets.
- Nevada enforces non-compete agreements under NRS 613.195, but the restrictions must be reasonable in scope and time. As of 2021, employers cannot enforce non-compete clauses against hourly wage employees.
Legal documents worth reviewing:
- Offer letters and employment contracts
- NDAs and non-compete agreements
- Termination letters and severance terms
If you’re dealing with contract disputes or suspect a former employer has overstepped, organize your paperwork and review the fine print. Misunderstanding contract terms can put your career or income at risk.
Frequently Asked Questions
When should I contact an employment law attorney?
You should contact an employment attorney if you face unfair treatment, wrongful termination, racial discrimination, harassment, or other employment disputes. An attorney can explain your rights and help you understand the legal process before you take action.
What does an employment attorney do?
An employment attorney helps workers resolve employment issues such as discrimination, unpaid wages, contract disputes, or retaliation. They offer legal guidance, represent you in claims, and work to ensure you’re treated fairly under state and federal law.
Can an experienced employment lawyer help with wrongful termination?
Yes. An experienced employment lawyer can determine if you’ve been wrongfully terminated and whether your case involves illegal retaliation, discrimination, or a breach of contract. In at-will employment states, you still have rights if your termination violates public policy or labor laws.
What kind of legal support can I get for workplace harassment?
You can receive legal support from an experienced employment attorney who can review your case, gather evidence, and file formal complaints. They will represent you if your employer fails to act after you report harassment or retaliation.
How much are legal fees for an employment lawyer?
Legal fees vary depending on the case, the attorney’s experience, and the law firm you choose. Many offer a free initial consultation and work on a contingency basis, meaning they only get paid if you win or settle your case.
Can I get help understanding my employment contract?
Yes. An experienced lawyer can provide legal advice about employment-related issues in your contract, including non-compete clauses, severance terms, and NDAs. They’ll review the fine print and explain your legal options.
What should I do if I face racial discrimination at my job site?
If you face racial discrimination at your job site, document the incidents and seek legal advice immediately. An attorney can help file a claim with the EEOC or your state’s civil rights agency and pursue compensation or corrective action.
How can I know if my legal issue is valid?
Speak with an employment law attorney during an initial consultation to assess the facts of your case. They will listen to your experience, review documentation, and tell you if you have grounds for legal action based on your legal issues.
Will an attorney speak to other employees or previous clients?
Depending on the case, an attorney may interview other employees or cite testimony from previous clients to support your claim. Witness accounts can strengthen your case, especially in situations involving harassment or retaliation.
What makes Bourassa Law Group qualified to handle employment cases?
The law firm brings combined legal experience in both state and federal labor laws. Our team includes experienced employment attorneys who understand complex employment disputes and are committed to delivering strategic legal representation.
Know Your Rights and Stand Up for Them
Your workplace should be a place of growth, respect, and security, not fear, silence, or uncertainty. If you’re facing discrimination, harassment, wage theft, wrongful termination, or unfair contract terms, you don’t have to accept it. You have legal rights—and the power to act on them.
Start by reviewing your employee handbook, contracts, and any written communications. Gather your records. Trust your instincts. If something feels wrong, it probably is.
At Bourassa Law Group, we help employees like you navigate tough situations with clarity and confidence. We understand the law, we know your rights, and we fight to protect what matters most—your future, your livelihood, and your dignity.
Contact us today for a free consultation. Let’s take the first step together. Your voice matters, and your rights deserve real protection.
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