How Much Does It Cost To Hire a Wrongful Termination Lawyer?

Most employees work at-will, meaning their employer can fire them for almost any reason, as long as it doesn’t amount to an illegal act. Illegal reasons to fire an employee include discrimination, retaliation, or breach of contract. If an employer fires a worker for an illegal reason, the employee has legal recourse and can hire a wrongful termination lawyer.

Most wrongful termination lawyers work on a contingency fee basis. Under a contingency agreement, the client does not pay anything upfront and only pays the attorney after recovering compensation through the lawsuit. For more information about the costs of hiring a wrongful termination lawyer, contact a local employment law attorney.

Costs of Hiring a Wrongful Termination Attorney

Hiring a lawyer can be expensive. And there are many other expenses throughout the course of a lawsuit, from court filing fees to depositions to expert witness fees.

However, the costs of hiring a lawyer and filing a lawsuit shouldn’t prevent you from pursuing your legal options. In many wrongful termination lawsuits, attorneys front legal fees for their client and recoup those costs from the jury award or settlement they win for the client. Under this type of contingency fee agreement, the client does not pay upfront and doesn’t have to pay anything if their attorney fails to recover compensation.

“I would say wrongful termination lawyers use both hourly and contingency fee arrangements,” says Beth Bertelson, an employment litigation attorney in Minneapolis, Minnesota. “Employment lawyers who represent employees will offer contingent fee structures because the fees can get so expensive upfront. Employment law is very fact-intensive and lengthy process. So, more often than not, employees will retain an attorney on a contingent basis.”

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Contingency Fee Agreements

Contingency fee agreements mean that the client does not pay anything for legal services unless the attorney recovers compensation for their client. With a contingency fee, the attorney takes a percentage of the award or settlement as payment for their legal representation.

A contingency fee agreement will indicate what percentage of the award goes to attorney fees. Some states put a cap on how much lawyers can charge on a contingency basis. It’s generally between 35 and 45 percent. However, most states set the maximum fee as a “reasonable amount.”

Under the Model Rules of Professional Responsibility 1.5, a contingent fee agreement must be in writing and signed by the client. The agreement should clearly state the fee calculation method and what expenses are deducted from the recovery. The agreement must also show whether the expenses are deducted before or after calculating the contingency fee.

An experienced attorney can help you decide what your best claims are based on the facts that are presented, and then they’ll know to how to move forward with the case.

Hourly Fees for Legal Services

Hourly rates are common in cases where the client does not recover an award. This includes corporate law, probate, criminal defense, real estate law, and other types of legal work. With hourly fee agreements, attorneys may require a retainer fee upfront from which to draw their fees.

If an employee wants help handling their own wrongful termination lawsuit without an attorney, they can contact an employment lawyer to provide limited legal review at an hourly rate. This does not provide full legal representation during a wrongful termination case, but it can help workers avoid common mistakes and improve their chances of recovery.

Before deciding whether to handle a case by yourself, it makes sense to consult with a lawyer who’s experienced in wrongful termination law. “An experienced attorney can help you decide what your best claims are based on the facts that are presented, and then they’ll know to how to move forward with the case,” says Bertelson.

Flat Fee Agreements for Legal Representation

Flat fee agreements are more common for transactional work. For example, a lawyer can offer a flat rate to prepare documents for an uncontested divorce, creating a will or trust, or fighting a traffic ticket.

Flat fee agreements are not common for wrongful termination cases because of the potential complexity of the case.

Can You Recover Attorney Fees in a Wrongful Termination Lawsuit?

In a wrongful termination lawsuit, you are seeking compensation for illegal treatment by your employer. Compensation in a wrongful termination lawsuit can include economic and noneconomic damages. Economic damages can include lost wages, interest on unpaid wages, and loss of benefits. Noneconomic damages include emotional distress.

Some types of wrongful termination and whistleblower claims allow the victim to recover attorney’s fees as part of your compensation in a legal action. This means that if you win, the employer will be responsible for paying the legal costs of filing the lawsuit. This will put more of your jury award in your pocket.

Talk to your employment law attorney about whether you can collect attorney fees as part of your compensation claim.

Discuss Your Lawyer’s Fee Agreement Upfront

Make sure you understand the fee agreement before you decide to work with an attorney. Your attorney is acting in your best interests and should make it clear what the costs of representation include and how you will get compensation. If you are not clear about the fees and what is included, make sure you clarify with the lawyer before you hire them.

If your attorney is not clear about the fees and costs or tries to get you to sign without giving you all the information, you may want to contact a different law firm.

When you first meet with your attorney for an initial consultation, the fee structure is only part of what you want to know. Write down all the questions you want to ask so you know this is the right attorney for you.

You can talk to multiple attorneys before you decide who you want to handle your case. You should feel comfortable that you can contact your attorney at any time with any questions about your case. Contact a local employment lawyer for legal advice about your wrongful termination case.