What is Employment Law Law?
Employment attorneys represent employees in workplace disputes, including wrongful termination, discrimination, harassment, wage theft, and retaliation. They help protect your rights under federal and state employment laws. Many work on contingency for strong cases, making legal representation accessible to workers.
Types of Employment Law Cases
Wrongful Termination
Illegal firing claims
Workplace Discrimination
Race, sex, age, disability discrimination
Sexual Harassment
Hostile work environment and quid pro quo
Wage & Hour
Unpaid wages, overtime, misclassification
Retaliation
Punishment for protected activities
FMLA/Leave Issues
Medical and family leave rights
Employment Contracts
Non-competes, agreements
Whistleblower Claims
Protection for reporting wrongdoing
What to Look For
- Experience with yourExperience with your specific type of claim
- Track record againstTrack record against employers like yours
- Knowledge of federalKnowledge of federal and state employment laws
Red Flags to Avoid
- Guaranteeing specific outcomesGuaranteeing specific outcomes or amounts
- Lack of trialLack of trial experience
- Unfamiliarity with yourUnfamiliarity with your industry
Typical Costs
Contingency or $200-$500/hour
- •Contingency: 25-40% of recovery (common for strong cases)
- •Hourly: $200-$500/hour for weaker cases
- •Severance review: $500-$2,000 flat fee
- •EEOC filing: Often included in contingency
- •Many offer free initial consultations
- •Some cases: hybrid contingency/hourly
Expected Timeline
6 months to 3 years
- •EEOC process: 6-18 months
- •Pre-litigation settlement: 3-12 months
- •Litigation: 1-3 years
- •Wage claims: 3-12 months
- •Settlement can happen at any stage
Document Everything
If you're experiencing problems at work, documentation is crucial. Keep records of incidents with dates, times, and witnesses. Save relevant emails and messages (to personal accounts if company policy allows). Maintain a timeline of events. This evidence can be essential if you need to take legal action.
Understanding Your Rights
Workers have more protections than many realize. Beyond discrimination and harassment laws, you're protected from retaliation for reporting safety violations, wage theft, fraud, and other illegal conduct. You have rights to certain wages, leaves, and working conditions. An employment attorney helps you understand your options.
The EEOC Process
Most discrimination claims must first go through the Equal Employment Opportunity Commission (EEOC) before you can sue. You file a charge, the agency investigates, and may attempt mediation. If they don't resolve the case, you receive a 'right to sue' letter allowing you to file in court.
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Frequently Asked Questions
What qualifies as wrongful termination?
Wrongful termination occurs when you're fired for illegal reasons: discrimination based on protected characteristics, retaliation for reporting violations, refusing illegal activity, or breach of contract. In at-will states, most terminations are legal even if unfair – the reason must be specifically illegal.
What counts as workplace discrimination?
Discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40+), disability, or genetic information violates federal law. Many states add protections for sexual orientation, gender identity, and other categories. Discrimination can occur in hiring, firing, promotions, pay, or job conditions.
Should I sign the severance agreement?
Not without attorney review. Severance agreements typically require waiving legal claims in exchange for payment. An attorney can assess whether you have claims worth more than the severance, negotiate better terms, or advise on whether to sign. You often have 21+ days to decide.
What should I do if I'm being harassed at work?
Document every incident with dates, witnesses, and details. Report through your company's HR or complaint process. Keep copies of everything. Consult an attorney to understand your rights. Your employer may be liable if they knew or should have known and failed to stop it.
How long do I have to file an employment claim?
Deadlines vary. EEOC discrimination charges must be filed within 180-300 days. State claims may have different windows. Wage claims typically go back 2-3 years. Missing deadlines can bar your claim forever – consult an attorney promptly.
Can my employer retaliate against me for complaining?
No. Retaliation for protected activities – filing discrimination complaints, reporting safety violations, whistleblowing, or exercising legal rights – is illegal. If you face adverse action after protected activity, document the timeline and consult an attorney.
What is at-will employment?
Most employment is 'at-will,' meaning either party can end the relationship for any reason (or no reason) that isn't specifically illegal. Exceptions include discrimination, retaliation, violation of public policy, and breach of contract. At-will doesn't mean employers can fire for any reason.
Am I entitled to overtime pay?
Non-exempt employees must receive overtime (1.5x regular rate) for hours over 40/week. Exemptions apply to certain salaried executive, administrative, and professional employees meeting specific tests. Misclassification as exempt is common – an attorney can evaluate your situation.
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