Do I Need an Employment Attorney?

What do employment lawyers do?

Employment attorneys represent both employers and employees in workplace disputes, including:

• Unfair treatment by an employer, like discrimination or harassment
• Wrongful termination, meaning being fired for an illegal reason
• Letting an employee go
• Unemployment benefits
• Disagreements over wages or benefits

Some employment attorneys also focus on labor law, which covers workplaces with unions, like those of teachers, bus drivers, or police officers. Labor lawyers handle union rules, help workers during strikes, and represent employers in union disputes.

How do I know if I need an employment attorney?

Ask yourself these questions:

For employees

• Do you think you were treated unfairly and want to take legal action against your employer?
• Were you fired without a valid reason?
• Are you not getting the pay or benefits you were promised?
• Do you need to report workplace issues like discrimination or harassment?
• Do you have questions about your employment contract?
• Do you need help negotiating terms during a strike?

For employers

• Is an employee threatening to sue you for discrimination, wrongful termination, or unsafe working conditions?
• Do you need help setting up company policies that follow employment laws?
• Are you dealing with workplace conflicts and want help preventing or resolving them?
• Do you need guidance on letting go of a union employee?
• Are you concerned about a possible strike?
• Are you unsure about the employment laws in your state?

If you answered yes to any of these, an employment attorney may be able to help.

How much does an employment attorney cost?

Most employment attorneys charge by the hour for things like filing paperwork, giving advice, or representing you in court. For some cases, especially when an employee is seeking money from an employer, an attorney may work on a contingency basis. That means you don't pay upfront, and the attorney takes a percentage of what you recover only if you win or settle your case.

Your exact fees will depend on where you live, how complex your case is, whether a union is involved, and what kind of help you need. Try to agree on fees upfront so you know what to expect.

What should I expect when working with an employment attorney?

At your first meeting, your attorney will ask about your job or company and the problem you're dealing with. Then they'll explain your legal rights and the options you have for your specific case.

Many employment disputes settle before they reach court, which can save everyone time and money. If your case does go to court, the outcome could be a court award, a settlement, or a ruling against you, and what that means for you depends on whether you're the one suing or being sued. Your attorney can walk you through the possible outcomes and costs before you decide how to move forward.

Employment laws and procedures can be complicated, so having an attorney on your side means you don't have to figure them out alone, whether you're focused on your next job or on running your business.