What kinds of cases do employment lawyers handle?

An employment attorney handles a wide range of labor and employment law cases. These cases cover various aspects of the employer-employee relationship and seek to ensure that employees’ rights are protected and that employers adhere to state and federal employment laws. Some common types of cases handled by an employment lawyer in California include:

1. Wrongful Termination: Cases involving the unlawful termination of an employee, which may include terminations based on discrimination, retaliation for protected activities, or violations of employment contracts. Our employment attorney will accept a wrongful termination case on contingency.
2. Workplace Discrimination: Cases related to discrimination based on factors such as race, color, religion, sex, national origin, age, disability, pregnancy, or other protected characteristics, as outlined in California’s Fair Employment and Housing Act (FEHA) and federal laws like Title VII of the Civil Rights Act. Our contingency employment attorney will accept workplace discrimination case.
3. Harassment: Cases involving workplace harassment, including sexual harassment or hostile work environment claims. Our employment lawyer will accept a workplace discrimination case on a contingent fee.
4. Wage and Hour Disputes: Cases dealing with issues like unpaid wages, overtime violations, meal and rest break violations, and misclassifying employees as independent contractors. Our contingent fee attorney accepts wage and hour dispute cases.
5. Workplace Retaliation: Cases where employees face adverse actions, such as demotions, pay cuts, or termination, in retaliation for engaging in protected activities, such as whistleblowing or filing a complaint. Our employment lawyer will accept a case involving workplace retaliation on a contingent fee.
6. Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) Violations: Cases involving violations of employees’ rights to take protected leave for family or medical reasons. Many employment attorneys do not handle FMLA and CRFRA matters on a contingent fee basis.
7. Employment Contracts: Cases concerning disputes over employment contracts, non-compete agreements, severance agreements, and other contractual matters. Many contingent employment attorneys do not handle employment contract matters.
8. Disability Accommodation: Cases involving failure to provide reasonable accommodations for employees with disabilities, as required by the Americans with Disabilities Act (ADA) and FEHA. Many contingent fee employment attorneys do not handle matters involving ADA and FEHA.
9. Unlawful Business Practices: Cases dealing with violations of California labor laws, such as failure to provide proper breaks, accurate wage statements, or required benefits. Our employment attorney will represent an employee on a contingent fee for cases involving unlawful business practices.
10. Whistleblower Claims: Cases where employees report illegal activities or violations of laws within their workplace and face retaliation as a result. Our contingent fee attorney will represent workers for whistleblower claims.
11. Trade Secret and Confidentiality Disputes: Cases related to the misuse or misappropriation of trade secrets or confidential information. Our employment attorney does not represent workers for cases involving trade secret disputes on a contingent fee.

Employment lawyers in California may represent either employees or employers, depending on their specialization and expertise. They may assist clients with various stages of a case, including providing advice and counseling, negotiating settlements, representing clients in administrative hearings, and litigating cases in state or federal courts.

Due to the complexity of employment laws and the unique circumstances that can arise in the workplace, individuals and businesses often seek the expertise of employment lawyers to navigate these legal matters effectively.

What Are Contingency Fees?

Contingency fees in California employment law cases refer to an arrangement where an attorney’s fee is contingent upon the case’s successful resolution. This means that the attorney will only receive payment if they win or settle the case on behalf of the client. It is a common fee structure for employees who may not have the financial means to pay for legal representation up front.

California law requires that an attorney working on a contingency fee agreement be in writing, as outlined in California Business and Professions Code Section 6147. This written agreement must include certain essential details to be valid and enforceable. These details typically include:

1. Explanation of Contingency Fee: The agreement must clearly state that the attorney’s fee is contingent upon a successful outcome, such as winning the case or securing a settlement.
2. Contingency Fee Percentage: The agreement must specify the percentage of the recovery that the attorney will receive as their contingent fee. This percentage can vary based on the complexity of the case, the potential risks involved, and the prevailing legal market rates.
3. Costs and Expenses: It should be indicated how costs and expenses related to the case will be handled. These costs may include court filing fees, expert witness fees, deposition costs, and other expenses necessary to pursue the case. In most cases, a contingent fee attorney is reimbursed the litigation costs after the recovery of money for the client.
4. Client’s Responsibilities: The agreement should outline the client’s responsibilities, which may include providing necessary information and cooperation to the attorney during the case.
5. Potential Conflicts of Interest: The agreement must address any potential conflicts of interest that could arise during the representation.
6. Right to Terminate: The agreement should detail the circumstances under which either party has the right to terminate the attorney-client relationship.

Typically, in California employment law cases, contingency fee percentages can range from 25% to 40% of the total recovery. However, the actual percentage can vary based on factors like the complexity of the case, the stage at which the case is resolved (pre-litigation settlement, during litigation, or post-trial), and the attorney’s experience and reputation.

It is essential for clients to carefully review and understand the terms of the contingency fee agreement before signing. They may also wish to compare fee structures with different attorneys to ensure they are getting a fair and reasonable arrangement.

It is always advisable for individuals seeking legal representation to consult with an experienced employment lawyer to discuss their case, the potential fee arrangements, and other relevant factors before making a decision.

How Much Do Employers Pay Their Contingency Lawyers?

Workers who agreed to pay on contingency must pay their employment attorney a percentage of the recovered amount. The individual and their lawyer typically agree on this percentage ahead of time. Amounts can range anywhere from 33% to 44% of the collected money, to . The amount the individual pays out to their attorney depends on the type of legal case, the rate of success, and when the money is collected.

It is also important for individuals considering a contingency fee lawyer in California that the parties must put the billing arrangement in writing.

What Should the Contingency Billing Document Include?

The written contingency agreement with the attorney for employees should provide the following information:

• Whether or not the plaintiff will pay for additional, associated lawyers’ fees since sometimes several attorneys work on the case

• Details relevant to the contingency rate agreement

• A document listing how costs and expenses are calculated and how they influence the total amount the client collects as damages

• Other rules and policies that the lawyer and the client agreed upon

What Happens After the Contingency Case?

When a contingency case is lawfully resolved through court proceedings, administrative options, or settlement, it is time to account for litigation costs.

Many employees do not understand the difference between litigation costs and legal fees. Therefore, they are surprised to see these costs included in the total bill.

Litigation costs are comprised of the total amount of expenses that lawyers pay when trying the case. The attorney will add these assorted costs and include this in the client’s bill.

Litigation costs include:

• Court reporter’s fees
• Jury fees
• Court filing fees
• Subpoena and service of process fees
• Additional costs

One mistake some clients make is not asking enough questions before taking legal action with a contingency fee lawyer. Of course, one’s attorney should always review these litigation costs before pursuing the case. However, clients should also feel free to ask questions before the process begins.

For example, clients should review the contingency fee document before signing it to ensure every concept is clear. They should also ensure that their attorneys answer all their questions.

The client and their employment attorney should also discuss all of the legal costs. This discussion should include how they are estimated and how these costs figure into the collected monetary damages.

Since many clients do not consider all of the legal costs and litigation expenses at first, we also encourage employees carry out these actions:

• Speak to administrative agencies or clerks to ensure that there will be no “hidden” fees
• Find out if the court reporters charge for depositions
• Find out if there are additional expenses for discovery
• Identify any other spending one’s attorney might consider on the client’s behalf to protect and defend them

Why should I contact an employment lawyer?

It is time to act if you feel that your employer discriminates against you or has violated your rights.

Many individuals are so worried about paying legal fees that they allow themselves to suffer needlessly.

However, sexual harassment, illegal termination, and discrimination are wrongful behaviors that employees cannot accept and should not have to live with at the workplace.

Our employment attorney’s goal is to protect our client’s rights. For some clients, a contingency lawyer is the best bet. We will not charge you unless we collect monetary damages, and we will always agree on all legal fees upfront.

Contact our contingent fee employment lawyer for a free consultation today because no employee should have their rights violated at the workplace.