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What is the Process For Hiring an Employment Lawyer?

Process for Hiring Employment Lawyer

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What is the Process For Hiring an Employment Lawyer?

What Is the Process for Hiring an Employment Lawyer? 
Workers subjected to illegal and discriminatory practices are often afraid to speak out for fear of retaliation or job loss. However, if you were the victim of unscrupulous work practices or unfair dismissal, an employment lawyer can be your best advocate, protect your rights, and hold unethical employers to account. 

Employment lawyers can handle a variety of employment-related cases, including but not limited to:

  • Discrimination
  • Hour and wage violations
  • Sexual harassment
  • Wrongful termination
  • Leave denial
  • Misclassification
  • Retaliation 

You do not have to take on an employer on your own. A free consultation with an employer lawyer can help determine whether you have a case. Contact Morgan & Morgan today, and a member of our legal team can assess your options.

Meeting with an Employment Lawyer 

Scheduling a free, no-obligation consultation can be an excellent first step in the process of hiring an employment lawyer. A consultation allows you to get to know the law firm and attorneys before making a commitment. Your future legal team or attorney can analyze your specific case and inform you of your next best steps. Coming to the first consultation prepared with some essential questions can help you and your future employment lawyer determine whether you are a good match. 

Questions You Could Ask at the Consultation

Questions that can help you find out more about the employer lawyer in a free consultation can include:

  • Do you think I have a good case? 
  • How often will we communicate about my case?
  • How much experience in employment litigation do you have? 
  • What are your attorney’s fees?

It can also be helpful to have all the facts and paperwork of your case ready at the first meeting, such as the employment contract and other relevant documentation. 

The Employment Case Process

The process of hiring an employment lawyer and filing a lawsuit can go through several stages. Initially, we will assess your case in a free and confidential case review. When we agree to take on an employment lawsuit, our dedicated legal team will collect and organize the critical evidence and start with building your case. The next stages of preparing your employment case can include:  

Gathering Crucial Documentation

Building a case against the defendant includes gathering evidence and documentation related to your specific employment case, such as:

  • Work contract
  • Timesheets
  • Job description
  • Disciplinary documents
  • Performance evaluations
  • Any correspondence via email or work-specific platforms

Negotiation

In the first instance, your attorney will aim to resolve your case out of court and negotiate for a fair settlement on your behalf. However, an employer or insurance company can drag their heels and either minimize or deny your claim. When this happens, a tenacious employment attorney from Morgan & Morgan is prepared to take your case to trial, present your case strongly, and fight tirelessly for what you deserve. 

Common Forms of Discrimination in the Workplace

According to figures from the U.S. Equal Employment Opportunity Commission (EEOC), incidents of disability discrimination and employer retaliation have been on the rise in recent years. Other forms of discrimination we handle in our practice include:

  • Race discrimination
  • Gender discrimination
  • Age discrimination
  • Pregnancy discrimination
  • Religious discrimination

Discrimination against employees is illegal and unethical. Working in a hostile and discriminatory environment day after day can cause a great deal of emotional stress. Having to endure repeated discrimination at work can prevent employees from performing to the best of their abilities, potentially impacting their earnings and career progression negatively. Moreover, workplace discrimination can also have a detrimental effect on employees’ private lives.  

Our determined and compassionate attorneys know firsthand the emotional and financial damage that workplace discrimination can inflict on victims. However, you do not have to stand for this. Morgan & Morgan wants to protect your rights and help you get justice. 

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FAQ

Morgan & Morgan

  • What Counts as Workplace Harassment?

    According to the EEOC, workplace harassment is any unwelcome conduct based on:

    • Race
    • Color
    • Religion
    • Sex
    • Nationality
    • Age
    • Disability
    • Genetic information 

    While one-off comments or slights are generally not considered illegal, harassment that produces a hostile, intimidating, or offensive work environment can be unlawful. Retaliation against an employee who filed a discrimination complaint or participated in an investigation can also constitute harassment. 

  • What Is Wrongful Termination?

    Wrongful termination is the dismissal of an employee for illegal or unfair reasons. While not all terminations that seem unreasonable qualify as wrongful terminations, some examples that could lead to a lawsuit include: 

    • Dismissing an employee on discriminatory grounds
    • Retaliation dismissal
    • Terminating the employment of a whistleblower
    • Dismissal in violation of written or verbal employment agreements

    If your employer acted illegally in firing you, you could have a wrongful termination case and potentially seek damages. Our tenacious employment lawyers can assess your legal options and the best course of action. 

  • How Do I Pay an Employment Lawyer?

    When victims of improper workplace treatment consider hiring an employment lawyer, financial considerations can be important, especially if an individual lost their job or wages due to an employer’s illegal actions. 

    Some employment lawyers charge a retainer or work on an hourly fee. If you intend to file a lawsuit, an hourly fee or retainer can end up costing you thousands of dollars without a guarantee of winning. In other words, if your employment lawyer charges hourly fees or retainers, you could be left with a considerable financial burden if you lose your employment case.

  • Contingency Fee Agreements

    Morgan & Morgan’s labor and employment lawyers work under a contingency fee arrangement, which means that you do not pay any upfront attorney’s fees. When we take on your case, our lawyers agree to a fixed percentage of your recovery. If you lose your case, we do not get paid at all. 

    The contingency fee system has two distinct advantages for a client: 

    1. You will not be out-of-pocket if you lose your employment case 
    2. Our attorneys are highly motivated to achieve the best possible outcome for you 

    If Morgan & Morgan takes on your case, we believe that you can win. Our passionate lawyers can work tirelessly to fight for the compensation you deserve. 

  • What Types of Compensation Can I Pursue in an Employment Case?

    Since each employment lawsuit is unique, it can be tricky to know which types of compensation you could receive in your specific case. However, you could be entitled to compensatory as well as punitive damages with an employment lawsuit. Depending on your case, our employment attorneys could pursue the following compensatory damages and others:

    • Back pay and unpaid wages
    • Loss of future earnings
    • Emotional distress

    Punitive damages are occasionally awarded to employers who have committed especially reckless or malicious acts against employees. If you have been the victim of unfair termination, discrimination, harassment, or another illegal workplace act, let us determine whether you have a case and which types of compensation you could recover. 

  • Will I Have to Testify Against My Employer in Court?

    Some workplace discrimination and harassment cases can be particularly upsetting for a victim. Therefore, it is understandable that some individuals shy away from testifying against a current or ex-employer at a trial. Fortunately, most victims never have to testify at a trial, as most employment lawsuits are resolved out of court. 

    According to the American Bar Association (ABA), jury trials are generally disappearing from American courtrooms. Employment cases, like other civil cases, can settle at any time before trial. Some cases even settle before a lawsuit is formally filed.

  • Sending the Demand Letter to an Employer

    One of the first steps an employment attorney will take is sending a demand letter to the employer. The demand letter states the complaint and the potential remedy, such as an out-of-court settlement. This provides an employer with the opportunity to agree to an early settlement that would suit both the person bringing the lawsuit and the employer. 

    An out-of-court settlement takes away the risk of potentially losing a court case and provides the needed income for the employee. Settling out of court can also be also much less stressful than engaging in a lengthy lawsuit. 

    While most lawsuits are settled before it comes to a trial, some will inevitably go to court. If the other side is dragging its heels and objects to a fair settlement, your attorney will most likely take your case to trial in order to fight for what you deserve. Therefore, if you initiate legal action, you should be prepared to go all the way to trial, which will typically include testifying against your employer. 

  • How Long Will My Employment Lawsuit Take?

    Generally, an employment case can settle at any time. However, how long your individual case will take depends on a variety of factors, including the complexity and value of your case. The length of your lawsuit will also depend on whether your case is resolved in an out-of-court settlement or at trial. 

    Lawsuits, especially those with a high value, could go through multiple appeals and potentially take years. Likewise, if the opposing side is unwilling to cooperate and agree to a fair settlement, a case can drag out for a considerable amount of time. 

    Low-value cases, on the other hand, could be resolved in under one year, especially if they do not go to trial and all parties agree to an out-of-court settlement. Either way, an experienced employment lawyer will leave no stone unturned in fighting for a timely and full settlement on your behalf. 

  • How Can Morgan & Morgan Help Me?

    Morgan & Morgan have helped thousands of employees recover what they need after suffering unfair and illegal treatment in their workplace. We can help you in a number of ways, including:

    • Legal advice and guidance
    • Analyzing your employment case comprehensively
    • Gathering the evidence required to prove your case
    • Assessing your damages and potential future damages
    • Negotiating severance agreements
    • Filing a lawsuit against your employer
    • Negotiating an out-of-court settlement
    • Presenting your case strongly at trial

    The experienced labor and employment attorneys at Morgan & Morgan have successfully handled a variety of cases involving all types of unlawful workplace practices. If you are the victim of an unethical employer, our attorneys can fight for your rights with determination and tenacity. 

    In the first instance, we can walk you through your options at an employer lawyer free consultation. Contact us today for a confidential case evaluation to learn about your legal rights. 

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