Part 1 of 3: Finding an Attorney through Referrals
If your state bar offers this service, then you can find an employment lawyer near you by conducting a simple search. Some state bar associations, like California’s, provide the public with a list of lawyer referral service organizations which have been certified by the state bar. You can then contact the organizations and get referrals.
It is important that the attorney not only have general employment law experience but also experience handling cases like yours. For example, if you want to sue an employer for discrimination, make sure that the lawyer has handled discrimination matters for plaintiffs. Some attorneys specialize in representing employers or employees.
Finding attorneys that specialize in physician employment contracts isn't difficult. Contacting the state medical association in the state where you will be working is one of the best ways to find lawyers who are qualified to review and negotiate your physician employment contract.
Make sure to find an attorney licensed to practice law in the state where you'll be working because state legal requirements, as well as federal laws, may apply. Legal fees vary across the country. However, there are a few things that impact how much a lawyer will charge, such as the fee arrangement and what you want the lawyer to handle for you.
An employment lawyer can: Evaluate the strength of your case and help you understand the outcomes you might expect. Advise you whether to negotiate a settlement or litigate your complaint in court. Defend you against any counterclaims made against you by your employer.
If you’re making decisions that affect a large number of people, such as a mass layoff or a change to your retirement plan, an employment attorney can help you avoid legal problems resulting from the decision.
Employee handbooks, policies, and procedures It's a good idea to have a lawyer review your office policies, procedures, and employee handbooks to make sure you don't violate any employment laws. A lawyer can ensure you meet requirements for wages, overtime, and family medical leave, among others.
If one of your employees has filed a harassment or discrimination complaint against you with the Equal Employment Opportunity Commission (EEOC) or other state agency, or if you are the subject of a lawsuit by a disgruntled employee, contact a lawyer immediately.
Your employer is suing you or threatening to sue you. You've been accused of committing a crime at work. You are being asked, or pressured to, sign a contract or agreement you don't fully understand, such as a non-compete, arbitration, or release of claims.
These vary widely due to a number of variables, but on average, you should expect to pay between $250 and $500 per hour for an employment lawyer.
For contingency cases, a general guideline is that your lawyer will keep one-third of any settlement you receive pre-trial, and 40 percent or more of a jury award if the case goes to court. Keep in mind that in many cases, employment law caps the amount of any award you may receive.