Finding the Right Lawyer for Your Employment Litigation Case

For employees confronting workplace disputes, the right legal representation can transform uncertainty into confidence. Learn how to identify and connect with a qualified attorney who will champion your employment case from start to finish.

Understanding Employment Litigation

Employment litigation involves legal disputes in the employer-employee relationship. The law governing these disputes can be found at both the federal and state levels.

There are several common types of employment litigation claims:

• Workplace discrimination. When an employee is treated unfairly based on their membership in a protected class.
• Wage and hour violations. When an employer violates minimum wage or overtime pay laws. Could also involve misclassifying an employee as exempt or as an independent contractor. Another common violation is an employer failing to comply with meal or rest break requirements.
• Wrongful termination claim. When an employer fires an employee in a manner that violates public policy, an employment contract, or company policy.
• Sexual harassment. Could involve quid pro quo or a hostile work environment.
• Workers’ compensation claim. Workers’ comp laws give employees who get hurt while working a way to recover medical expenses and lost wages. If the employer violates these laws, the employee may have a larger litigation claim against the employer.
• Breach of contract. If the employer signed a contract with the employee, a litigation claim can arise if one party violates that contractual agreement.

Complexity of Employment Law

A single employment law claim can result in complex litigation due to the involvement of several legal frameworks. Federal, state, or local laws could govern different elements of the claim.

Depending on the type of claim, there could be required steps to pursue a claim. For example, the majority of discrimination claims must first be filed with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC may issue a “Right to Sue” letter before litigation can proceed.

There are strict deadlines for filing a claim, and the deadlines can vary significantly. These are called statutes of limitations. Missing the filing deadline can bar the employee from pursuing their claim.

Go to Court With Top Legal Representation

If you are engaged in employment litigation, the attorneys in the Super Lawyers directory are ready to fight for justice on your behalf.

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Why You Need a Specialized Employment Lawyer

Employment law encompasses a broad array of statutes, regulations, and case law at the federal, state, and local levels. These laws are not static and often change through regulatory and judicial updates. Attorneys who focus their practice on employment law are knowledgeable about these laws and how they evolve.

An experienced employment attorney will analyze the facts of your case and identify the legal issues. They will determine which labor laws were violated and advise on administrative steps. A lawyer can provide insight on whether settlement, mediation, arbitration, or full litigation is the most viable path based on case strength and employer behavior.

Seasoned lawyers know how to build leverage in pre-lawsuit negotiations, understand employer risk tolerance, and craft compelling demand letters that can lead to early resolution. In litigation, these lawyers can handle aggressive discovery tactics, motions for summary judgment, and complex trial procedures with confidence. The attorney-client relationship creates confidentiality and a fiduciary duty for the lawyer to act in the client’s best interest.

Employment lawyers who represent plaintiffs understand common employer defense strategies. They can anticipate poor performance documentation and other claims of legitimate, nondiscriminatory reasons for adverse action. They have experience countering these defenses with procedural defenses. Familiarity with large corporations, HR policies, and defense law firms enables experienced attorneys to anticipate arguments and strengthen their case.

Criteria for Selecting the Right Lawyer

It’s crucial to choose the right employment lawyer for representation. Look for lawyers who have handled employment law cases involving issues similar to your dispute. Also look for a track record of success in their legal representation. While previous case outcomes can’t guarantee yours, a strong track record can be more encouraging.

A lawyer who regularly appears before administrative agencies, such as the EEOC, and federal or state courts, is more likely to handle your case efficiently under procedural and evidentiary rules.

While many employment disputes are settled before trial, having legal representation with courtroom experience is critical in case litigation becomes necessary. Employers are more likely to negotiate fairly if they know your attorney is capable and willing to take the case to trial. A trial-ready lawyer can guide you on when to accept a settlement and when to push forward, balancing risk, cost, and the strength of your legal claims.

The client and attorney must have open and clear communication. Look for a lawyer who is prompt in returning calls or emails and who provides regular updates about your case’s progress. A qualified attorney should be willing to explain complex legal terms and strategies in plain language. Evaluate whether the lawyer listens to your concerns and addresses them respectfully and directly.

Resources for Finding Qualified Employment Lawyers

Several avenues are available for finding an employment lawyer. The traditional and most common method for finding an attorney is to ask the people you know. However, this can be hard, as not everyone has had to hire an employment lawyer. In this situation, the next common step is to look online.

There are verified legal directories, search engines, and lawyer referral services that can be valuable resources. Stick to directories that cite licensing bodies, bar associations, or peer-reviewed sources. Super Lawyers is a trusted attorney directory that uses a patented selection process combining peer nominations and independent research. Inclusion is limited to a small percentage of attorneys in each state, indicating recognition for professional achievement and peer respect. Users can search by practice area, location, and attorney rating.

Most state bar associations offer attorney referral programs that connect individuals with licensed attorneys based on area of law and location. Some states offer board certification in labor and employment law, which reflects advanced knowledge and experience. State bar websites allow users to verify that an attorney is licensed and in good standing, and to check for any disciplinary history. The National Employment Lawyers Association (NELA) is a nonprofit professional organization of lawyers who represent workers in employment matters.

For those with limited financial resources, there are legal aid referral services available. Some of these services may require documentation of financial status to validate need.

Questions To Ask During Your Consultation

Before you hire a lawyer, you will attend an initial consultation. This is an opportunity for both parties to determine if the lawyer-client relationship is a good fit. It will likely begin with sharing the circumstances that brought the individual to the employment law firm’s office in the first place. A good lawyer will listen attentively, take thorough notes, and ask clarifying questions. Afterward, there is an opportunity to ask questions and get a feel for each other. It is crucial to ask questions and gain knowledge and clarity.

Ask for examples of the types of cases similar to yours. Confirm that the attorney is experienced with relevant state courts, administrative agencies, and local legal nuances. Ask if the lawyer tends to favor early settlement, formal mediation, or full litigation and why. A good attorney should tailor their approach to your goals and the facts of your case.

Determine whether the named attorney, an associate, or a paralegal will be your main point of contact. Clarify who will attend meetings, draft filings, and represent you at hearings or trial. Ask about preferred communication methods (phone, email, secure portal) and expected response times.

Finally, it’s important to ask about the law firm’s fee structure. It’s not a good idea to choose a lawyer solely based on the charged legal fees. More expensive doesn’t always mean better, while less expensive doesn’t mean you’re getting a good deal. Instead, focus on finding the best quality attorney within the budget you can afford.

Start by asking the lawyer what their fee structure is. It could be a:

• Flat fee. Typically used when there is limited scope to the services being provided.
• Retainer. An amount charged upfront that must be paid when representation begins.
• Hourly rate. Often used when the representation will be complex or lengthy.
• Contingency fee. The lawyer won’t charge a fee unless they successfully recover damages, at which point they will take a percentage of the amount awarded.

Find Legal Help

Choosing the right legal representation can shape the course of an employment dispute. Use the Super Lawyers directory to find an employment attorney to help you with your claim, from negation through litigation.