Updated on July 4th, 2023

How Much Does It Cost To Hire a Lawyer To Sue My Employer?

Employment attorneys generally charge anywhere from $200 to $650 per hour, depending on their years of experience, level of expertise, and issue. However, most employment lawyers work on a contingent fee – meaning a client pays a contingent fee to a lawyer only if the lawyer handles a case successfully.

By Brad Nakase, Attorney

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Most employment attorneys hourly rate will depend on the location, experience of the attorney, and reasons for suing your employer. Many employment attorneys charge an hourly rate for handling employment cases if their client is the employer. The average cost for a lawyer to sue an employer cost $200 to $650 per hour. A contingent fee arrangement is best for workers who want to sue their employers but cannot afford to pay a lawyer by the hour.

In this article, our employment attorney for workers will explain the average cost of a lawsuit, the fees that may be involved, and who is expected to pay these fees.

Our office charges $0 upfront, and there is no fee unless you win!

Here are some of the common lawyer’s fees you may expect:

  • Contingency fees – If you hire your lawyer on a contingency fee basis, you will only pay them if they win the case. Payment will usually be as a percentage of the money recovered, usually 35% to $45%. This is a great option if you do not have the money to pay your lawyer on an ongoing basis. Our lawyer to sue employer work on a a contingency basis, $0 upfront, and no fee unless we collect money for you.
  • Hourly fees – Attorney’s fees can vary significantly, but expect at least $200 per hour for an attorney. It is usually best to pay per hour if you need them for a specific service, otherwise, it can add up quickly! Our law office represents employee’s lawsuit on a contingency basis, $0 upfront, and no fee unless we collect money for you.

Before hiring a lawyer to sue your employer, it is important to discuss fees and the ongoing legal costs before you hire your employment lawyer.

  • If you file your employment discrimination case with the US Equal Employment Opportunity Commission, you will not be charged for filing the lawsuit. The EEOC will try to mediate with your employer to reach a satisfactory solution. If this mediation fails, the EEOC will then file a federal lawsuit. In some cases, they are unable to file a lawsuit and will notify you in writing and give you 90 days to file your own lawsuit.

  • If you have a strong case, an employment attorney to sue employer may accept your case on a contingency basis. It will be unlikely that your attorney will lose the case and therefore earn nothing. When they swin, they will receive a percentage of the settlement or judgement, usually between 20 and 50%. Lawyers with a successful track record for large settlements might charge a higher percentage than other attorneys. If the case settles and doesn’t go to court, your attorney might take a lower percentage of your settlement.

  • If the case goes to court, fees for expert witnesses, court fees, and other expenses will be deducted from your settlement. These will generally be around $10,000, but your employment lawyer to sue employer will be able to give you a more accurate estimate based on your case. Attorneys may also handle your case on a partial-contingency fee basis and expect you to pay these costs whether you win or lose your case.

  • Some employment attorneys handle employment discrimination cases on an hourly basis because they can be difficult to prove. Depending on the attorney’s hourly rate, it may be between $100 -$600 per hour. Court costs and other expenses will be charged on top of this. Hourly legal fees can add up quickly, especially for complex cases that need a lot of legal work from a lawyer to sue employer.

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What Is A Hostile Work Environment?

The law defines an unlawful hostile work environment to mean when a superior or coworker communication or behavior that is offensive, intimating, or discriminate on the basis of gender, religion, race, ethnicity, etc.

Can you take unpaid time off in California?

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, the federal Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid leave per year.

DFEH Right to Sue

To file a lawsuit for discrimination, you must file a complaint with DFEH and obtain a Right-to-Sue notice.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime because California law requires that employers pay overtime, whether authorized or not.

What Is Rate Pay Meaning?

The meaning of pay rate is the average hourly rate an employee is paid calculated by dividing the total pay for employment in a work week by the total number of hours actually worked.

California Break Laws

Under California law, non-exempt workers are entitled to two paid 10-minute rest breaks and one unpaid meal break during their eight-hour shift. 

Not Getting Paid for Work I Have Done

Workers who have not been paid for work have the right to file a claim with the federal and state Department of Labor for unpaid wages.

California Overtime Law

Under California overtime law, an employee who works over eight hours a day or over forty hours per week is entitled to overtime pay at one and one-half times the regular rate of pay.

Who is exempt from overtime pay?

As of 2023, to be exempt from overtime pay, any employees who are paid at least $62,400 per year and work are primarily professional, executive, creative, managerial, or intellectual and require the exercise of independent judgment.

Can Previous Employers Talk Bad About You?

There are no state or federal laws prohibiting what a previous employer can or cannot say about a former employee. However, previous employers are not permitted to make up lies to damage your reputation and make it difficult for you to get another job.

Can An Employer Cut Your Pay as Punishment?

Employers cannot cut hours to retaliate against employees. Cutting the hours of an employee should never be used as discipline or in an attempt to make an employee quit. 

California Random Drug Testing Law

Random drug testing is not permitted in California, and employers must give their employees notice before a drug test is given.

What happens if you get caught working under the table?

Generally, it is not illegal for your employer to pay you in cash. However, if the employer paid you under the table and did not report your earnings, you may be entitled to money damages under California Labor Code 226.

ADA Proof of Disability

An employer has no right to ask an employee to provide proof of disability unless the employee requests a reasonable accommodation and the employer does not believe disability exists.

FMLA Retaliation and Wrongful Discharge

An employer is prohibited from retaliating, interfering with, restraining, or denying an employee’s exercise of any FMLA right. If an employer wrongfully terminates an employee for FLMA taking medical leave, the worker could have a lawsuit against the employer.

Per Diem Employee Rights

A per diem employee is a worker who work on an as needed basis. A per diem employee does not have a regular schedule or shift but instead works hours as assigned.

How To File A Workplace Harassment Complaint

You can always file a harassment complaint with the EEOC about the harassment. Also, you can retain our employment law attorney to help with no upfront money from you.

Wrongful Termination Settlements

When a worker wins a wrongful termination lawsuit, the average payout amount is $9000 to $95,000, depending on how much the worker would have made during employment.

Can employer ask for proof of disability?

If a worker asks for reasonable accommodation, the employer can ask for proof of disability. However, an employer cannot ask for proof of disability if its part of a hiring decision.

What is an EDD Audit?

An EDD audit is a payroll tax audit initiated when a former worker you classified as an independent contractor applies for unemployment with EDD.  The EDD thinks you misclassified the worker as an independent contractor and audits your company. 

Using PTO for Paid Vacation Time

PTO is any time an employee gets paid while away from work, including paid vacation time. PTO is paid time off, meaning a worker may use PTO for any reason, such as paid sick leave or paid vacation time.

When to hire an employment attorney?

You should hire an employment attorney as soon as you are aware of the issue or believe something is wrong and that the employer is not remedying the issue, such as harassment, wrongful termination, or discrimination.

Is PTO Required by Law?

Employers in California are not required to provide any PTO, such as paid time off or paid or unpaid vacation, to their employees.

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