Employment Law And Workers Rights
Upon consultation with an employment lawyer, you should ask a few questions to decide if the lawyer is right for you. An employment dispute can seriously affect your future career. There can be a number of reasons why you’re asking an employment lawyer to represent you. Employment lawyers handle cases on:
- Wages and pay
- Benefits and leave
- Harassment and discrimination
- Social media misconduct
- Health concerns
- Contract and freelance work disputes
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.
Questions To Ask An Employment Lawyer
You’ll have a lot of questions for your employment lawyer upon consultation. It’s easy to get distracted with details and waste time. By asking these 8 questions, you’ll stay focused on what’s important while still getting a good impression of your employment lawyer.
These questions can give you confidence about your case, and give you an idea of who your employment lawyer is. If your employment lawyer cannot confidently answer all these questions during your consultation, it may be time to move on.
Have you handled this type of case?
Employment lawyers handle all kinds of employment disputes. You’ll want someone who understands the complexities and emotional toll of your case.
Ask your lawyer how often do they practice employment law, how long they’ve done it for, and if it’s their main focus. This will give you an idea of what their experience is and if employment law is truly their specialty. Even if they don’t regularly practice employment law, their other qualifications may still be helpful for your case.
Do you have any conflicts of interest?
Legally, your employment lawyer has to tell you about conflicts of interest right away. A conflict of interest doesn’t mean that your employment lawyer disagrees with your case, but that there’s a professional line they can’t cross.
For example, your lawyer may have already represented someone in your workplace for another issue. This could potentially be a conflict of interest and can affect your case.
Also Read: Whistleblowers: 6 Workers Rights Everyone Should Know
How will I be charged?
It’s important to understand how your employment lawyer is charging you. Understand whether they’re charging you by a flat fee or an hourly rate, and how much each cost.
If they’re charging you an hourly rate, be sure to ask who else is working on your case. Each lawyer at the firm will have different hourly rates depending on their experience. Paralegals will also do a lot of paperwork involved with your case, but charge a much lower fee. Be sure to get an itemized receipt of all the work going into your case so you know how you’re charged.
Also Read: How Do Lawyers Bill Their Clients?
What’s the strategy for my case?
Taking a case to court is expensive for everyone involved. Most disputes settle out of court, so ask if your lawyer if they think this is possible for your case. Ask about other alternatives to a trial and what that will look like.
Unfortunately, not all cases can settle out of court. Be sure to get on the same page with your lawyer about when you’ll need to go to trial, and how much it’ll cost.
How long will my case take?
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 often go to trial, which costs you more money. Your employment lawyer should be open about the estimated time of your case. Generally, most lawyers would advise against taking things to court if the costs outweigh the benefits.
How will we communicate?
Your lawyer will have a preferred method of contact and communication. For example, they may reserve their direct line for emergencies and ask that other questions be emailed. Each employment lawyer is different.
What’s important about this question is also understanding how they charge for communication. Ask if all calls, emails, and texts are charged. You should also know if there are certain times when your lawyer will be unavailable.
How do I prepare for my case?
Your employment lawyer will likely need you to gather evidence for your case. This can include, but is not limited to:
- Employment records
- Employee release forms
- Employment contracts
- Emails and texts
- Doctor’s notes
- Recollections of interactions
Depending on what your case is, there might be other things your lawyer might ask of you. Before your consultation, you should gather your basic employment information from the list above so your employment lawyer has a better scope of your case.
How do you think my case will turn out?
Upon consultation, your employment lawyer will let you know if you have a case against your employer or not. If you disagree with their opinion, you can always find a second opinion.
During employment disputes, there could be a number of solutions for your case. This can be included, but is not limited to:
- Getting rehired after being wrongfully terminated
- Rembruised overtime, lost wages, or pay
- Compensation for lost benefits and pay
- Retribuition and compensation for discrimination or harassment
If your employer has done you wrong as an employee, they need to be held accountable for their actions. Whether you received the wrong pay for your work, or you’re dealing with workplace harassment, your employer cannot get away with their poor actions.
Also Read: Employment Contractor Lawyer Tips & FAQ
How To Hire An Employment Lawyer
Now that you have all your questions prepared, you’re sure to find the best employment lawyer for your case. These questions will help you decide whether any lawyer is knowledgeable and qualified for your case. Your employment lawyer should be honest, but give you confidence in your case.
It can be difficult to find a qualified employment lawyer. My Case Helper works with qualified lawyers across the US who are just one call away. To book a consultation with an employment lawyer near you, call the number at the top of the page.
