Employment Lawyer FAQ

Frequently Asked Questions

What is wrongful termination?

Wrongful termination occurs when an employee is fired for an illegal reason, such as discrimination, retaliation, whistleblowing, or in violation of an employment contract.

Most US states are "at-will" employment — can I still sue?

Yes. At-will means employers can fire you for any reason except an illegal one. Even at-will employees can sue for:

• Discrimination
• Retaliation
• Whistleblowing
• Breach of contract
• Public policy violations

How much does an employment lawyer cost?

Most work on contingency — no upfront cost, percentage of recovery (33-40%). Federal laws often allow attorney's fees to be paid by the employer if you win.

What constitutes workplace discrimination?

Treating you worse than others based on:

• Race or color
• Sex or gender
• Age (40+)
• Disability
• Religion
• National origin
• Pregnancy
• Sexual orientation/gender identity

What is sexual harassment?

Two main types:

• Quid pro quo — Sexual favors for job benefits
• Hostile work environment — Severe or pervasive sexual conduct

What about wage theft?

Wage theft includes:

• Unpaid overtime
• Below minimum wage
• Off-the-clock work
• Misclassification as contractor
• Stolen tips
• Unpaid commissions

How long do I have to file a claim?

Claim Type	Deadline
EEOC discrimination	180-300 days
State discrimination	Varies
Wage claims	2-3 years
Wrongful termination	2-3 years
Whistleblower	Varies

Do I have to file with the EEOC first?

For federal discrimination claims, yes. You must file with the EEOC before suing in federal court.

What evidence do I need?

• Documents (emails, performance reviews)
• Witness statements
• Pay records
• Time records
• Discrimination comments
• Comparisons to similar employees
• Pattern evidence

Should I record conversations?

Depends on state law:

• One-party consent states: You can record without telling others
• Two-party consent states: All parties must consent
• Be aware of company policies
• Discuss with attorney first

Can I be fired for filing a complaint?

No — that's illegal retaliation. However, employers may try to disguise retaliation as legitimate firing. Document everything.

What if my employer makes me sign a separation agreement?

Don't sign anything without legal review. These often contain:

• Releases of claims (giving up your rights)
• Non-compete clauses
• Non-disparagement
• Confidentiality
• Arbitration provisions

You typically have 21-45 days to consider, and 7 days to revoke after signing.

Will I have to go to court?

Most employment cases settle before trial. Only about 5% go to trial.

How much can I recover?

Depends on:

• Lost wages
• Future lost earnings
• Benefits lost
• Emotional distress
• Punitive damages
• Statutory damages
• Attorney's fees

Cases range from a few thousand to millions.

Will my future employers find out?

Settlement agreements typically include confidentiality. However:

• Lawsuits become public record
• Some references may be honest
• You can negotiate neutral references

Can I get unemployment if I sue?

Yes. Filing a lawsuit doesn't disqualify you from unemployment.

What if I have an arbitration agreement?

Arbitration agreements may force claims out of court. However:

• They have limits
• Some are unenforceable
• Attorneys can navigate them
• Recent laws limit some provisions

What about non-compete agreements?

Enforceability varies widely:

• Some states don't enforce them (California, etc.)
• Other states enforce reasonable ones
• Time and geographic limits matter
• Industry standards consider
• Public policy considerations

Should I look for a new job?

Yes. This:

• Reduces your damages calculation
• Shows good faith
• Helps you financially
• Demonstrates your career impact
• Makes settlement more likely

What if I'm not sure I have a case?

Most employment lawyers offer free consultations. They can quickly tell you:

• If you have a viable claim
• Estimated value
• Likelihood of success
• Timeline expectations

How do I find a good employment lawyer?

• Specialization in employment law
• Plaintiff-side experience (employee advocacy)
• Free consultations
• Contingency arrangements
• Local court experience
• Good reviews
• Strong track record