Here are seven critical questions to ask an employment lawyer before you sign on the dotted line: What particular experience do you have that would make you the right fit for my employment matter?
“There are some times in your employment that you may definitely need an attorney. Here are four reasons you might need the services of a lawyer: Deadlines: Employment laws are a morass of confusing deadlines, prerequisites to filing suit, and requirements you might miss if you try to do it yourself.
Also, send along copies of any available documents that the lawyer may have requested in the questionnaire. Before you get too far into a meeting or conversation, the lawyer will want to know about any possible conflicts of interest that might prevent him or her from ethically representing you.
Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job. Here are some basic questions you should ask potential counsel before choosing legal representation.
Employment lawyers handle cases on: When consulting with an employment lawyer, you might not have a lot of time. That’s why it’s important to know the most important questions to ask an employment lawyer before hiring them.
Employment disputes can go on for months, even years after you’ve stopped working for a company. This can all depend on your allegations and the extent of harm done. Longer cases will often go to trial, which costs you more money. Your employment lawyer should be open about the estimated time of your case.
Ask about other alternatives to a trial and what that will look like. Unfortunately, not all cases can settle out of court.
Clarity in communications is crucial to your relationship with your attorney. Ask questions about the process. Who would be the primary contact for the case or claim? What are the varying lines of communication: email, phone, etc.? Knowing how your law firm will communicate from the very beginning will make the process smoother and less stressful for you. Professional, experienced, and client-centered firms will be able to explain the lines of communication to you during the initial consult. They should also be able to talk to you about the law in a way you can understand.
They are the ones with the legal understanding of the system and the laws, but you should be able to be confident and feel comfortable with that decision, whatever it is (trial or otherwise). Communication is key to understanding your legal options.
If you believe you were fired due to pregnancy discrimination, for example, you want to ask what percentage of their cases involves this type of employment matter.
There is much you can learn from testimonials. If previous clients highly regard the employee rights lawyer and his/her firm , that is a good sign and a clear indication they can be trusted to handle your case. Also, if legal organizations or other respected entities also honor the lawyer and/or firm, this provides you with even more valuable information to consider when making your decision about hiring a firm for your employment law matter.
If you were recently dismissed from your job due to discrimination or harassment, you may have considered hiring a lawyer. An employment lawyer can offer you many benefits, including:
If you were treated unfairly in the workplace, you may have legal options available to you. We encourage you to reach out to an employment lawyer as soon as possible to evaluate your legal options. You have a limited time to file a lawsuit against your employer, so it is important that you consider your options.
Workplace discrimination or wrongdoing can be devastating, particularly if it prevents you from working. That is why you should speak with a knowledgeable employment lawyer about your situation and get guidance throughout the legal process.
Generally, lawyers who are bad at responding in a timely fashion are this way because they lack adequate support staff. Many try to wear every hat in their office, from drafting pleadings, meeting with clients, and going to court, to making copies, stuffing envelopes, and answering phones. Doing too much makes it easy for the attorney to become distracted and hard for him or her to get back to you in a timely fashion. As a result, you should ask your lawyer how he or she will respond to your ongoing needs, how quickly he or she can return calls, and whether the attorney has someone on hand in the office to answer quick questions should they come up and you need to get a quick answer.
These are the first things you should ask an attorney before your first meeting. Indeed, some attorneys will charge you for the initial consultation, so you should know that before you go in to get information and come out with a bill in hand. If the lawyer's office will not give you any information about how they charge during your initial phone call, beware.
Generally, attorneys focus their careers on specific practice areas. This allows them to build up a special expertise in those areas. Every attorney will have a little knowledge about most areas of the law, because that is a requirement to be admitted to the bar, but they are not experts in the area. They might be able to answer a few questions at a superficial level, but probably will not be comfortable taking on those kinds of cases. This does not mean they are unskilled or incompetent in the areas they actually practice in on a daily basis. Indeed, you should probably be aware of the attorney who professes to be an expert on every field of law, given how vast this body of information truly is.
Most people do not hire attorneys everyday. This may leave them at a bit of a disadvantage in knowing what they should find out from an attorney before hiring them.
Of course, you need to understand that the attorney may not personally be available at your every call. Most attorneys have highly trained and qualified staff members who can provide you with the answers you seek. Your lawyer cannot be effective representing you or other clients if he or she is taking every call that comes through to him or her everyday. As a result, if you need to speak with your attorney, you should be prepared to schedule an appointment for a phone call when you are both ready and available.
You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.
Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.
Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.
Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.
In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.
If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...
Lawyers should outline the possible ways to handle a case and then explain why they have chosen a particular strategy, including the pros and cons.
Current and former employees are entitled to inspect or obtain copies of their pay stubs, and employers have 21 calendar days to comply with a request to inspect or obtain copies.
Moreover, the inspection right does not apply to letters of reference, investigations of possible criminal conduct and other specified documents. However, the code does give an employee or applicant the right to obtain a copy of any document he signs “relating to the obtaining or holding of employment.”.
But it is not that simple.
However, a response can be costly if the employer provides information that encourages the lawyer to pursue a case on behalf of the terminated employee, or worse, a class-action lawsuit. An employer’s attorney can write a properly structured response that is designed to discourage the lawyer from pursuing litigation.
Act carefully. It is important to remember that a demand letter from an attorney is not a subpoena. Regardless of the threatening language used, a demand letter is only a request to produce documents. Only a subpoena — which is a command from the court — can force an employer to produce documents.
Ambiguity in the law and the involvement of lawyers go hand in hand. Understandably, most people do whatever they can to avoid lawyers and legal matters.
Thus, the inspection and copying requirement could relate only to the employer’s copy of the pay stubs. Unfortunately, the amendment, which on its face did nothing more than require farm labor contractors to include additional information on their pay stubs, also changed the language describing an employer’s obligation to produce records.
Before you get too far into a meeting or conversation, the lawyer will want to know about any possible conflicts of interest that might prevent him or her from ethically representing you.
In addition to learning about you and hearing your narrative, your lawyer will also want to see documents and evidence, both for informational purposes and to help assess the strength of your case. Obviously, the nature of the evidence will vary dramatically from one type of case to another. As you prepare to meet with your lawyer, try ...
Typical goals might include: review and provide comments on a contract or legal document. draft a will.
respond to a legal complaint, lawsuit, or threatening letter. research whether you have a meritorious legal claim against another person or entity. draft a legal complaint or demand letter to another person or entity, or. negotiate a lease, contract, or other agreement.
contracts (such as employment agreements , leases, promissory notes, and the like) financial documents (for example, if you'll be drafting a will or starting a company) correspondence (letters, emails, or text messages between you and the other party or otherwise relevant to your dispute)
Some important details to include in that narrative include: names of the key players in your dispute. date the dispute or problem began. type of the dispute (harassment, contract, divorce) key events of your dispute, including a "who, what, where, when and why" narrative, and. current status of your dispute.
Consider who your attorney has worked with most often. Are their clients typically corporations or individuals? These unique experiences could influence how they approach and handle your case.
Most people who need a service ask specific questions to help them make a good decision, and this same approach should also be taken by someone who’s in need of legal services.
It may be beneficial for your lawyer to have practiced in the same courthouse where your case will be . They will have had interacted with and experiences its judge and can, therefore, evaluate the expectations for your case.
C) In relation to the previous sub-questions, it’s okay to ask the lawyer how many cases similar to yours they’ve won. Remember: this is a “job interview” for the attorney. It’s similar to an employer asking you how about previous successes that are relevant to the role for which you’re applying.
If you’re thinking about filing suit, you probably want to speak to a lawyer. Confusing claims: There are some employment laws on the books that you might not be aware of, so you might have a case you don’t know about. And there are some laws you think exist, that don’t.
What does the employee want to achieve? An employee should have a clear idea of what he or she wants to accomplish in resolving the issue. An apology? A denied promotion? Monetary damages? Or to correct a systemic problem? Potentially, an agency action could accomplish all of these things, but if what is being sought is relatively small, an employee may be choosing a very large hammer to put in a very small nail. The bigger the stakes, the more appropriate it is to consider governmental involvement.
Considering the answers to the above questions honestly can help an employee to gather relevant information and weigh it with a level of objectivity. The process will help the employee have confidence that their choice — either way — is the right one for them.”
To attend a disciplinary meeting (take good notes, don’t sign anything except a form acknowledging receipt of the discipline , and sign “as to receipt only, rebuttal to follow); To sign documents you understand, like applications, insurance forms, and tax documents.
When a work situation has reached a level where initiating an agency complaint or process is being considered, an employee should approach the decision as objectively as possible, despite the fact that at such a point the situation likely is very emotionally charged.
It could be a spouse or partner, a good friend, shop steward, or even a counselor in an employee assistance program (EAP).
Being taken seriously: Some employers don’t take you seriously unless you have representation.