how to talk to a lawyer about an employment case

Have a timeline ready regarding the events of your case. Gather all the relevant documents you have (employment contract, internal employment handbook, relevant memos/emails, etc.) Think through all of the questions you have, and write them down. Make sure you ask everything you want to find out the answer to. Sometimes new questions pop into your mind after your chat, when it’s too late to ask them. Gather your thoughts first. Talk with an employment lawyer for free

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How do I talk to my attorney about my case?

Aug 27, 2018 · Communication is key to understanding your legal options. What are your lines of communication? 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.?

What questions should I ask my employment lawyer?

Apr 19, 2020 · A lawyer who is comfortable in the courtroom can defend you throughout every step of your case. 7. Prepare For Your Consultation Once you narrow down your list, ask to speak to a few lawyers in-person. Some lawyers offer a free, brief consultation before taking your case. Prepare yourself ahead of time by drafting a list of questions to ask.

What does a lawyer do in an employment case?

An employment lawyer who is evaluating your potential case needs to know what losses you have suffered as a result of the retaliation, such as lost wages or benefits. Bring in your pay stubs, W-2 forms, or other documents that show your earnings prior to the retaliation. If you have related losses, such as medical expenses that would have been ...

How to write a letter to a lawyer for termination?

You'll want to be forthright, truthful, and calm in discussing your case with the lawyer. Find an Employment Lawyer. You may have a very strong employment discrimination case, but if you don't gather your evidence and if you can't describe it in a clear, coherent way, an employment lawyer may not take it on.

How do I write a consultation with an employment lawyer?

How to Prepare for an Employment Consultation With Your LawyerBring relevant documents. Make copies of all the documents you have collected regarding your case. ... Be honest. ... Ask questions. ... Read all documents carefully. ... Keep your own files. ... Listen to your lawyer. ... Talk about costs. ... Communicate with your lawyer.Jul 16, 2019

What do you say when contacting an attorney?

0:261:20What To Say When You Call An Attorney - YouTubeYouTubeStart of suggested clipEnd of suggested clipKnow kind of ballpark. Terms where you're coming from. And then you can elaborate on your specific.MoreKnow kind of ballpark. Terms where you're coming from. And then you can elaborate on your specific. Situation. And when you keep it simple in the beginning it really does make it easier.

Should you tell HR you have a lawyer?

In most situations, it will NOT help an employee to drop the L-bomb, and tell your employer that you're retaining a lawyer. In many situations, the employee's mere mention of the L-word makes the employer even more upset, makes the employer take more adverse actions, and makes the situation worse.Jan 6, 2010

What is the best time to call a lawyer?

In some situations, calling a lawyer for legal help is obvious: if you are arrested, are filing for divorce, have been in a major car accident, or are charged with a crime.

How do you send a message to an attorney?

Begin your traditional letter or email with "Dear Mr. ..." or "Dear Ms...", followed by the attorney's surname and a colon. For example, use "Dear Mr. Smith:" to address the attorney. If you write legal letters frequently, save this template to use in future correspondence.Dec 17, 2018

When should HR consult legal?

Normally, if the business has concerns about relations, onboarding, separations, benefits, compliance, etc. hiring or working with an HR consultant is the right way to go. An ideal HR consultant should be versed in federal and state regulations (business law), providing you with actions to reduce your risk internally.

What do you do when your HR is not on your side?

If HR is neglecting your case, there are other people you can reach out to for help. You can file a complaint with the EEOC or file a civil case against the company with an employment lawyer outside of the company. Look for a new job. Nobody wants to stay at a job where they feel disrespected by management.Dec 5, 2019

How can I scare HR?

5 Terrifying Things That Will Spook HRFINANCIALLY-CRIPPLING FORM I-9 FINES. Nothing strikes fear in an HR manager like the dreaded words “ICE Audit”, and for good reason. ... NEGLIGENT HIRING LAWSUITS. ... SKIMPING ON SEASONAL HIRING. ... HIRING THE WRONG CANDIDATE. ... CLASS ACTION LAWSUITS.Oct 26, 2015

What can an employment attorney do?

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem, from wages and workplace safety to discrimination and wrongful termination. But when is it appropriate to reach out?

What is FLSA in employment law?

If the problem is on-time pay, overtime, or proper pay classification (non-exempt versus exempt status), the attorney can help the employee navigate the Fair Labor Standards Act (FLSA) to determine if the possibility exists that rights have been violated and help the employee with next steps. There are a plethora of labor laws an employer could ...

Can an employer violate labor laws?

There are a plethora of labor laws an employer could easily violate unknowingly (or willfully), and since there are different employee count and tenure thresholds for different laws, it's helpful to get guidance from an attorney.

How to find a good employment lawyer?

Once you've worked through these steps to find the best employment lawyers in your area, trust your gut! Choose someone you feel comfortable around and trust with your case. That way, you know you're choosing a lawyer who will defend your rights and strengthen your case.

How to prepare for a lawyer?

Some lawyers offer a free, brief consultation before taking your case. Prepare yourself ahead of time by drafting a list of questions to ask. Bring a fact chronology that outlines the events of your case as well. That way, you can discuss the specifics of your case in detail.

What does an employment lawyer do?

An employment lawyer will examine several elements of your potential case to help determine whether or not to represent you, including the evidence of the retaliation, the harm it caused you, and how you'll be perceived by a judge or jury.

How to be a witness in a lawsuit?

As the plaintiff in a lawsuit, you are your most important witness. An employment lawyer will be evaluating you as a potential witness from the moment you walk into his or her office. This is because a judge and jury will evaluate you in the same way when deciding whether or not to believe your testimony or give you a damages award. Show the lawyer that you'll be a credible, coherent, and sympathetic witness on your own behalf. You can do this with a presentable appearance, organized and clear statements, a calm demeanor, and your sincerity.

How to prove retaliation?

In order to prove retaliation, you will need evidence to show all of the following: 1 You experienced or witnessed illegal discrimination or harassment. 2 You engaged in a protected activity. 3 Your employer took an adverse action against you in response. 4 You suffered some damage as a result.

What happens if your employer takes a negative action against you?

If your employer takes negative action against you for reporting discrimination or harassment, you may have a retaliation case against your employer . If you've experienced worse working conditions or treatment since you've made a complaint, you should speak to a lawyer about protecting your rights. This article discusses how an employment lawyer ...

What is retaliation lawsuit?

In a retaliation lawsuit, you are almost always suing for an award of money called "damages." To recover damages, you must be able to show that you suffered an actual loss. An employment lawyer who is evaluating your potential case needs to know what losses you have suffered as a result of the retaliation, such as lost wages or benefits.

What is retaliation in the workplace?

What is Retaliation? An employer illegally retaliates against an employee by taking an adverse action against the employee for reporting or complaining about (called "protected activity") what the employee believes to be discrimination or harassment in the workplace.

What is an adverse action?

An employer's adverse action may take the form of disciplining or terminating the employee. It could also be some other action that harms the employee's mental or emotional state or negatively affects the employees' working conditions, such as a decrease in pay or less desirable job assignments.

What to bring to a lawyer meeting?

Be sure to bring your evidence, including a list of possible witnesses and their contact information, to the meeting with the lawyer. The more organized your evidence is, the easier it is for a lawyer to evaluate your case.

What is protected status?

A protected status is one of the categories protected by the state and federal antidiscrimination laws.

Can you prove that your employer discriminated against you?

Although you may be sure that your employer discriminated against you, unless you can prove it with evidence, you don't have a case. But you don't need the proverbial "smoking gun" of an employer calling you a racial epithet or saying old people have no place in the company.

How to contact a lawyer?

1. Always Use Personal Communication Methods to Contact a Legal Professional. It is important when you contact a law office about your legal concerns that you do so on a private e-mail account, cell phone, home phone and/or computer. Please do not use any company-provided e-mail, phones or computers.

How to get along with an attorney?

It may sound trite, but getting along with your attorney is a critical factor in the success of any legal undertaking. Try to relax and communicate clearly, while being honest and direct. You and your attorney must have trust and confidence in each other to give you the best chance to resolve your claim.

What does an attorney do?

Attorneys act as your spokespersons before the court, to put your best story forward. Both sides must communicate clearly to one another to achieve a favorable result. You want a lawyer you feel comfortable with. Someone who responds to you with intelligence and compassion, and who listens to your story. Here are 10 helpful – no, critical – steps ...

How to prove a termination of a job?

Prepare a summary of your economic (financial) damages. Bring pay stubs, salary information, anything that shows how this situation is impacting you financially. If you have seen a mental health counselor regarding these incidents, be sure to tell the lawyer. If you have been unable to find a new job, keep track of those efforts, so you can prove your termination caused you loss of “future income.” The attorney needs to know how you were damaged and what you expect to recover. Many clients have unrealistic expectations about their case based on things they’ve seen on television or read online. Every case is different. Proof of events, credibility of witnesses and many other circumstances and variables make each case unique. A good attorney will want to focus on you and the facts of your case, to attempt to build a winning legal strategy.

What to do after discrimination?

Immediately after the discrimination, harassment, or other qualifying incident occurs, you should be reaching out to potential attorneys. All laws have varying timelines requiring action to protect a claim. So waiting around can cause you to have a rough time finding representation, if you’ve let so much time go that your deadline is about to run or, worse, has already done so. If you blow a statute of limitations or other deadline, you will have no case. Period. Attorneys need adequate time to investigate your claim before this happens.

How to get from point A to point B?

In order to get from Point A to Point B, you must have done your part by reporting your harassment or discrimination to your employer or your employer’s HR department, allowing them time to cure the bad behavior before filing suit. 5. Be Prepared and Organized During Your Initial Phone Call.

Can an attorney tell you if you won a case?

No attorney will be able to tell you whether you will win a case, even if your evidence is strong. If an attorney takes a pass on a case, it is likely for a good reason: either he doesn’t practice in that area, or she cannot handle the matter within the client’s parameters (cost, timing).

What are the criteria for a case?

In general, there are three major criteria attorneys use to decide whether to take a case to litigation: 1 the client; 2 the merits of the claims; and 3 damages.

What happens if you don't file a lawsuit?

The Damages: In most cases, particularly when a person has lost a job, an employee will need a contingent fee agreement that sets a percentage of your recovery as the fee.

Why are clients unrealistic?

Many clients have unrealistic expectations about their case because of things they read in the papers or were told by others. Each case is different. Proof of events, credibility of witnesses and many other circumstances and variables make each case unique. You and your attorney must focus on your specific case.

Can an attorney tell you if you won a case?

No attorney will be able to tell you whether you will win a case, even if your evidence is strong. Most of the time, the lawyer will point out the probabilities for success as well as the weaknesses in your case that could make the chance for victory at trial a slim one.

What is direct evidence?

statements or conduct by the decision maker indicating a bias against a particular race or gender, or against older or disabled employees (or any other protected category). This is called "direct evidence" of discriminatory motive, but it is rare. a statistically significant pattern of similar decisions.

Do attorneys charge a fee for consultation?

Most attorneys charge a fee (called a "consultation" fee) for an initial meeting, but some do not. When you make an appointment to see an attorney, you should make sure you know how long the meeting is expected to last and how much the attorney charges for a consultation.

Is employment law hard and fast?

In most situations, no. The law governing employment relations does not contain many hard and fast rules about what conduct is or is not legal. There are few black or white answers to legal problems. When you first talk with an attorney, do not be frustrated if the attorney is unable to tell you whether you have an airtight case. Also, do not be surprised if the lawyer you talk with agrees that you were treated unfairly, but says that the law provides you with no legal recourse.

1. Has the Lawyer Specialized in Employment Law?

One of the first questions you need to ask the lawyer is whether they have specialized in employment law or not. There are numerous law firms claiming to take employment cases; however, their main practice area is personal injury, or family law or commercial litigation. It is important that the lawyer has a specialization in employment law.

2. How Long Have They Been Practicing Law?

Another question to ask the lawyer is how long they have been practicing employment law. The experience of the lawyers has a direct impact on the outcome of the case. An experienced and qualified lawyer will know the best approach for your case. You should hire a lawyer who has at least 5 years of experience.

3. Number of Cases the Lawyer has Taken to Trial?

A good employment lawyer will not only know how to handle your case but will know how to take it to trial. Many lawyers claim they can handle a case. Often, they accept the settlement made by the defendant for an amount that is lower than what you might deserve. This is why taking the case to trial is crucial.

4. What Are My Legal Options?

This is one of the most important questions to ask your lawyer is about the legal options. Depending on your case, the lawyer will recommend all the legal options you might have with the pros and cons. When hiring a lawyer, you must make sure they carefully listen to your case and understand the scope of the problem.

5. What is the Outcome of My Case?

It is a good question to ask from your employment lawyer. You must be prepared for all sorts of outcomes. It is advised to know whether you have a good chance to win the case or not. You should not be concerned with the right answer, rather an honest one. This will help you to be mentally prepared.

6. What is the Line of Communication?

The most crucial factor in a case is communication between you and the lawyer. This is why you should have clear communication with your lawyer. It advised asking about the communication process before hiring an attorney. Some questions you must ask include:

7. Does the Lawyer Own a Law Firm?

A good lawyer must be a leader, so he can lead the legal team in the best possible way. The lawyer must be organized and practice assertion in the role. An attorney who doesn’t have these skills or traits will easily be pressured by the defense lawyers. As a result, your case will crumble.

How to avoid going to court?

If you want to avoid your case going to court then the best way to do that is to talk to your supervisor or go to HR. If either of these parties refuses to offer a solution then you can start thinking about a lawsuit.

What happens if you file a lawsuit?

If you’re filing a lawsuit, your goals are most likely to stop the behavior from happening and to get policies changed. You don’t want to continue to suffer or potentially watch another employee suffer. The sad truth is, that even if you get your compensation and win, there is a good chance that nothing will change.

Why do lawsuits fail?

One of the biggest reasons why these lawsuits fail is that the employee didn’t gather the proper amount of documentation to support their claim. If you’re being harassed in any way, you’ll want to record anything that is said or done to you. Create an accurate timeline of the events leading up to your lawsuit.

What is sexual harassment?

For example, if a co-worker or supervisor is discriminating against you based on the color of your skin or sexual orientation that’s discrimination. If someone is speaking to you or touching you in an inappropriate way, that’s sexual harassment.