When Should I Hire an Employment Lawyer?

If you’ve ever faced unfair treatment at work, been wrongfully terminated, or denied the wages you’ve earned, you may have asked yourself: When should I hire an employment lawyer? The answer depends on your unique situation, but one thing is clear—when your rights as a worker are being violated, legal guidance can make all the difference.

At Morgan & Morgan, we believe every employee deserves to be treated with dignity, respect, and fairness. Our employment attorneys are here to fight for workers—whether you're still on the job or have recently left. In this article, we’ll explain what employment lawyers do, signs that it’s time to call one, and how legal representation can protect your rights and get you the compensation you deserve.

What Does an Employment Lawyer Do?

Employment lawyers specialize in labor laws and workplace rights. They help both employees and employers navigate federal and state employment laws, but at Morgan & Morgan, we represent workers only. 

We fight For the People, and our job is to hold employers accountable for illegal behavior and help our clients recover damages for the harm they've suffered.

Our employment lawyers can help you with:

• Wrongful termination
• Discrimination and harassment
• Retaliation after whistleblowing or complaining
• Wage and hour violations
• Family and Medical Leave Act (FMLA) violations
• Non-compete or severance negotiations
• Hostile work environments
• Contract disputes
• Misclassification (independent contractor vs. employee)
• Unemployment appeals
• And more
  
   

Signs You Should Hire an Employment Lawyer

Some employment issues are frustrating, but not illegal. However, if your rights are being violated or you're unsure whether something is lawful, speaking with an attorney can offer clarity. Here are common situations where hiring an employment lawyer may be the right move:

You Were Fired or Laid Off Illegally

Being terminated from your job is stressful under any circumstances. But if you suspect your firing wasn’t just unfair, but illegal, you may have grounds for a wrongful termination case.

You should speak with an employment lawyer if you were fired:

• Because of your race, gender, age, religion, or disability
• In retaliation for reporting illegal conduct (harassment, wage theft)
• For taking protected leave under FMLA or similar state laws
• After blowing the whistle on unethical practices
• Despite having an employment contract that limits the reasons for termination

Wrongful termination cases can be complex, and employers rarely admit fault. An employment attorney can help gather evidence, build your case, and fight for back pay, reinstatement, and other damages.

You're Experiencing Harassment or Discrimination

Federal and state laws protect workers from discrimination based on protected characteristics such as:

• Race or ethnicity
• Gender or gender identity
• Age (40+)
• Disability
• National origin
• Religion
• Pregnancy
• Sexual orientation

If you're being harassed, passed over for promotions, demoted, or otherwise treated unfairly based on any of these characteristics, you may be facing illegal discrimination.

Sexual harassment also falls under this category, and it doesn’t just mean inappropriate touching. If you’re dealing with offensive jokes, lewd comments, unwanted advances, or a hostile work environment, it’s time to talk to an attorney.

You're Not Being Paid What You're Owed

Wage and hour violations are among the most common employment law issues. Employers may:

• Refuse to pay overtime
• Misclassify workers to avoid paying benefits
• Force employees to work off the clock
• Withhold final paychecks
• Fail to meet minimum wage standards

If your employer is cutting corners and cheating you out of your rightful pay, a lawyer can help you file a claim under the Fair Labor Standards Act (FLSA) or state wage laws. You may be entitled to unpaid wages, liquidated damages, and attorney’s fees.

You Need Help Negotiating a Severance Agreement

If you're being laid off or offered a severance package, don’t feel pressured to sign right away. Severance agreements are often written to protect the employer, not the employee.

An employment lawyer can:

• Review the contract for fairness
• Negotiate better terms
• Ensure you're not giving up legal claims unknowingly
• Help secure more compensation or continued benefits

Having a legal expert in your corner can help you leave your job on better terms and with greater financial security.

You Were Retaliated Against for Speaking Up

It’s illegal for an employer to retaliate against a worker who reports:

• Harassment or discrimination
• Unsafe working conditions
• Wage violations
• Corporate fraud or misconduct
• Violations of the law or public policy

Retaliation can include demotion, exclusion from meetings, sudden poor performance reviews, or termination. If you've faced negative consequences after speaking up, you may have a retaliation claim.

You’re Being Denied Leave That You’re Entitled To

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 weeks of unpaid, job-protected leave for:

• A serious health condition
• Caring for a sick family member
• The birth or adoption of a child
   

Some state laws may provide additional protections or paid leave. If your employer refuses to approve your leave, fires you after your request, or penalizes you for taking time off, an employment lawyer can help you assert your rights.

You’re Facing a Hostile Work Environment

A hostile work environment occurs when workplace conduct is so severe or pervasive that it interferes with your ability to do your job. It’s more than just having a tough boss or annoying coworkers; it involves repeated discriminatory, harassing, or abusive behavior.

Examples include:

• Racist or sexist remarks
• Threats or intimidation
• Physical or verbal abuse
  Retaliation for complaints
   

To build a case, you’ll need to prove that the behavior was based on a protected class and that your employer failed to take appropriate action. An attorney can help you document your experience and navigate the complaint process.

You’re Being Pressured Into Signing a Non-Compete

Non-compete clauses can severely limit your ability to work in your field after leaving a job. If your employer is asking you to sign one, especially after you’ve already started working, it’s wise to have an attorney review the terms.

Depending on your state, the clause may be unenforceable or overly broad. A lawyer can help you understand your options and negotiate a fairer agreement.

When Should I Call an Attorney? Before It’s Too Late

Some employment claims have very short deadlines. For example, federal discrimination claims under the EEOC must often be filed within 180 or 300 days, depending on the state., and FLSA wage claims must be filed within 2 years (3 years for willful violations). State laws may have different or even shorter time limits to consider.

Waiting too long can jeopardize your ability to recover damages. That’s why it’s crucial to contact an attorney as soon as you suspect something is wrong.

Even if you’re unsure whether your rights were violated, a consultation can help you understand your legal standing and next steps. Morgan & Morgan’s employment lawyers offer free case evaluations so you can learn more about your legal options at no obligation to you.

How an Employment Lawyer at Morgan & Morgan Can Help You

Whether you’re preparing to file a formal complaint, negotiating a severance package, or considering legal action, a lawyer can be your advocate every step of the way. Here’s what they 

Morgan & Morgan’s employment attorneys can evaluate your case to determine if your employer broke the law, gather important evidence, and file complaints on your behalf with government agencies like the EEOC or the Department of Labor. Our legal team can negotiate settlements, seeking fair compensation, and can even file a lawsuit and represent you at trial if necessary.

Having a knowledgeable attorney on your side levels the playing field, especially when facing large employers or corporate legal teams.

With over 35 years of experience and more than $25 billion recovered for our clients, Morgan & Morgan is America’s largest personal injury law firm, and we don’t just take on injury cases. Our Employment Law team fights every day for workers who have been wronged by their employers.

We’ve handled cases involving Fortune 500 companies, government agencies, and small businesses alike. No case is too complex, and no employer is too powerful.

We work on a contingency fee basis, which means you pay us nothing unless we win your case. That’s how confident we are in our ability to help.

If you're asking, “When should I hire an employment lawyer?”—chances are, the time is now. You deserve to understand your rights, protect your career, and get the compensation you’re entitled to.

Contact Morgan & Morgan today for a free, confidential case evaluation. We’re here to listen, fight, and help you move forward.