The Process for Hiring an Employment Lawyer

If you’ve experienced discrimination, harassment, wrongful termination, wage theft, or any other issue at work that infringes on your rights, you may be wondering if it’s time to hire an employment lawyer. 

The decision to seek legal counsel can feel overwhelming, especially when you’re already dealing with a stressful situation. At Morgan & Morgan, we’re here to help you navigate the process step-by-step, so you can feel confident, protected, and empowered.

This guide walks you through the process of hiring an employment lawyer, from recognizing you need help to selecting the right attorney to fight for your rights. Whether you’re dealing with a toxic workplace, retaliation, unpaid overtime, or another violation, here’s how to take action.

Step 1: Recognize When You Need Legal Help

The first step in hiring an employment lawyer is recognizing when your workplace situation calls for professional legal guidance. Not every dispute requires a lawsuit, but if your rights under federal, state, or local employment laws have been violated, a lawyer can help you understand your options and pursue justice.

Common situations where it makes sense to consult an employment lawyer include:

• Wrongful Termination: Being fired for discriminatory reasons, retaliation, or in violation of an employment contract.
• Discrimination: Unfair treatment based on race, gender, age, disability, religion, national origin, or other protected classes.
• Harassment: Experiencing a hostile work environment, including sexual harassment or bullying based on a protected status.
• Retaliation: Being punished for reporting misconduct or exercising a legal right (e.g., filing a complaint or requesting medical leave).
• Wage and Hour Violations: Not being paid minimum wage, denied overtime, or being misclassified as exempt or an independent contractor.
• Contract Disputes: Issues related to severance agreements, non-compete clauses, or breach of employment contracts.
• Leave Issues: Being denied FMLA leave or facing consequences for taking protected medical or family leave.

If any of these apply to you, it’s worth scheduling a consultation—even if you’re unsure whether you have a case.

Step 2: Gather Documentation and Evidence

Before contacting an attorney, it helps to compile as much relevant documentation as possible. The more prepared you are, the better an attorney can evaluate your situation.

Here’s what to gather:

• Employment Contract or offer letter
• Employee Handbook and company policies
• Pay stubs or records of hours worked
• Emails, messages, or written communications with your employer or HR
• Notes or a timeline of incidents (discrimination, harassment, retaliation, etc.)
• Performance reviews or write-ups
• Complaints filed with HR or government agencies (e.g., EEOC)
• Witness statements (if applicable)

While it’s okay if you don’t have everything, any evidence that helps demonstrate your claim can strengthen your case.

Step 3: Research Employment Lawyers

Next, it’s time to find the right employment lawyer for your needs. Employment law is a specialized field, so you want an attorney with experience handling cases like yours. Look for a lawyer who:

• Focuses specifically on employment law
• Has experience handling cases similar to yours (e.g., discrimination, wage theft)
• Works for employees, not employers
• Has a strong track record of success
• Operates on a contingency fee basis (you don’t pay unless they win)

Online directories, referrals, and law firm websites are good starting points. Be sure to read client reviews and check for any disciplinary actions with the state bar association.

At Morgan & Morgan, our employment attorneys exclusively represent workers. We’ve recovered over $20 billion for our clients and handle employment cases nationwide.

Step 4: Schedule a Free Consultation

Most employment lawyers, including Morgan & Morgan, offer a free initial consultation to review your case and discuss your options. This is your chance to explain your situation, ask questions, and determine whether the lawyer is a good fit for you.

During the consultation, be prepared to:

• Describe the events that led to the issue
• Share any documentation you’ve gathered
• Be honest and detailed, even if parts of your story are difficult to talk about

A good employment lawyer will listen carefully, ask clarifying questions, and provide an initial opinion about your legal standing. They should also explain:

• Whether you have a valid claim
• What laws apply to your case
• What outcomes are possible
• What the process might look like
• How they get paid

At Morgan & Morgan, we believe every worker deserves to have their story heard and that justice should never be out of reach. That’s why we don’t charge upfront fees and only get paid if we win your case.

Step 5: Understand the Attorney-Client Agreement

If you decide to move forward with an attorney, you’ll sign a retainer agreement that outlines the terms of your relationship. This agreement typically includes:

• The scope of representation (what the attorney will and won’t do)
• The fee structure, usually contingency-based (a percentage of the recovery)
• Out-of-pocket costs and who covers them
• Client responsibilities, such as providing documents or appearing at hearings

Make sure to read everything carefully. If anything is unclear, ask questions. A reputable lawyer will walk you through the agreement and ensure you understand your rights.

Step 6: Let Your Attorney Take the Lead

Once you’ve hired a lawyer, they’ll handle all legal aspects of your case so you can focus on your life and well-being. Your attorney may:

• File complaints with agencies like the EEOC or state labor boards
• Negotiate with your employer on your behalf
• Prepare and file a lawsuit if necessary
• Represent you in court or at settlement conferences
• Seek compensation for lost wages, emotional distress, reinstatement, and more

Depending on the case, your attorney may also try to resolve things through mediation or alternative dispute resolution before going to court.

At Morgan & Morgan, our employment law team fights relentlessly to hold employers accountable, and we don’t back down until you get the justice you deserve.

Step 7: Stay Involved and Communicate

While your lawyer will handle most of the heavy lifting, you still play an important role in your case. Here’s how to support the process:

• Respond to your attorney’s requests for documents, signatures, or meetings
• Keep communication open and report any changes in your situation
• Be honest and upfront about all details, even if they seem minor
• Trust the process, even if it takes time

Some cases resolve in a few months, while others may take longer, especially if they go to trial. Your attorney will keep you updated and advise you on important decisions, such as settlement offers.

Step 8: Reach a Resolution

The goal of your employment claim may be to:

• Recover financial compensation (lost wages, emotional distress, legal fees)
• Get reinstated to your job
• Obtain a favorable settlement
• Change company policies or behavior
• Hold an employer publicly accountable

No two cases are the same, and the outcome depends on the facts, the law, and the strength of the evidence. If your case settles, your attorney will negotiate the best terms possible. If it goes to trial, they’ll represent you in court and advocate on your behalf every step of the way.

Morgan & Morgan has the size, strength, and resources to take on even the biggest employers, and we never settle for less than what you deserve.

Why Choose Morgan & Morgan?

Facing a legal battle with your employer can feel daunting, but you don’t have to go through it alone. Whether you’re standing up to discrimination, reporting harassment, or seeking unpaid wages, hiring the right employment attorney can make all the difference in the outcome of your case. 

At Morgan & Morgan, we believe in fighting For the People, not the powerful. Our attorneys are highly experienced in employment law, compassionate and responsive to your needs, and tough negotiators and fierce litigators

We’ve recovered billions for our clients, and we may be able to help you, too.

The process may seem intimidating, but when you work with Morgan & Morgan, you’ll have a team that treats you with respect, keeps you informed, and fights like hell to protect your rights.

If you believe your employer has violated your rights, contact us today for a free, no-obligation case evaluation to learn more about your legal options.