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What questions should I ask an employment lawyer?

employment lawyer

Once you’ve decided to file a lawsuit against your California employer, whether related to a workplace injury, harassment, or some form of discrimination, you will want to have experienced legal representation in your corner. An employment lawyer can help you get the justice and compensation you deserve. 

Do you feel you have been wrongfully treated by your employer? The Orange County employment lawyers at the Law Offices of Samer Habbas & Associates can help you protect your rights as an employee. For more information or to schedule a complimentary consultation with one of our expert labor law attorneys, please call 949-727-9300.

What Does a Workplace Lawyer Do?

The bulk of lawsuits handled by workplace lawyers involved workplace injuries and accidents. Although workers’ compensation insurance typically covers these situations, often there are complications, and a workplace lawyer needs to step in and help you fight for the compensation you deserve.

When Should You Hire an Employment Attorney?

In addition to workers’ compensation and workplace injury cases, workplace lawyers handle lawsuits that involve the following:

You should hire an employment attorney if you have experienced any of these harms in the workplace.

Questions to Ask an Employment Lawyer

Finding the right lawyer to take on your case can be difficult. You probably have a million questions and, the truth is, during your initial consultation, you’ll want to ask the right questions so that you can rest assured that you are choosing wisely.

With that in mind, we’ve compiled a list of questions that you should ask an employment lawyer, as well as information about employment law that will be beneficial to you during this time.

Question #1: Do you have experience in handling cases like mine?

When looking for an employment lawyer, you want to choose one that understands the complex nature of your specific case. Don’t be afraid to ask the lawyer about their experience and qualifications, particularly as they relate to your lawsuit.

If your case involves a workplace injury, ask the attorney what sort of damages they have collected for clients in similar situations if your case involves wrongful termination, the attorney about their track record on such matters.

Even if employment law makes up just a small percentage of the lawyer’s practice, their qualifications may benefit you and your case.

Question #2: Is there a conflict of interest I should know about?

If any conflicts of interest exist, your employment attorney is legally bound to inform you. If, for example, the lawyer previously represented another employee at your workplace, that could be a potential conflict that could affect your lawsuit. The lawyer is bound to advise you of this information immediately.  

Question #3: How will you be charging me for your services?

Before retaining an employment lawyer, it is essential that you fully understand how you will be billed. The three most common ways a lawyer will bill a client are by charging flat fees, hourly rates, or a contingency.

When charging by the hour, make sure that you know who else will be working on the case because different lawyers from the firm may charge a different hourly rate based on experience. There will likely be paralegals involved, and they charge much lower rates. Make sure you get itemized receipts related to your case.

Question #4: Do I have to pay legal fees if I lose?

If a lawyer is charging an hourly rate or a flat fee, chances are you are responsible for paying for the lawsuit regardless of the outcome. However, most lawyers specialize in employer disputes, such as workplace injury cases and wrongful termination, work on contingency.

An employment lawyer working on contingency will only get paid if your lawsuit is successful. In short, you won’t pay unless you are compensated. Under most contingency arrangements, the lawyer accepts a fixed percentage of any jury award, settlement, or verdict in the case, instead of charging an hourly or flat fee.

What do most lawyers charge for a contingency fee?

Typically, contingency percentages fall between 33% and 40% but can be as high as 50% and as low as 15%. Your employment lawyer will base their contingency fee on the strength of your case, the amount of work they expect to put into the case and the estimated award amount you stand to receive.

Question #5: What’s your strategy for winning my lawsuit?

When a case ends up in court, it becomes expensive for anyone involved. That’s why most employment disputes typically settle. Ask your lawyer about a settlement and whether it is an option.

Question #6: How long is my employment case going to take?

When you sue an employer, the case can last months or even years. It usually depends on the nature of the case and the extent of your injuries or harm.

Question #7: What should I do to prepare for the case?

An employment lawyer might ask you to collect evidence as part of your case.

That evidence may include the following:

  • Employment records
  • Emails and texts
  • Release forms
  • Notes on any recollections you may have of incidents or interactions
  • Doctor’s notes
  • Employment contracts

Depending on your case, your lawyer may ask for additional information. However, ahead of your consultation, gather any items from this list so the lawyer can make informed decisions about your case and offer up the best advice.

Question #8: How will my case turn out?

Following your initial consultation, the employment lawyer should be able to give you a clear understanding of whether or not you have a strong case and what the potential outcomes may be.

Depending on the specifics of your case, there are several possible outcomes, including:

  • Being rehired following a wrongful termination
  • Being reimbursed for lost wages
  • Being compensated for lost benefits
  • Compensation for harassment or discrimination

Hire an Orange County Employment Attorney

If you believe that you have grounds to file a lawsuit against your employer, let the trusted Orange County employment attorneys at the Law Offices of Samer Habbas & Associates help you get the justice you are owed. Our expert staff will evaluate your case, help you determine if you have grounds for a lawsuit, and help you fight for the compensation you deserve.

With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our labor law attorneys represent mistreated employees across Southern California. For more information or to schedule a complimentary consultation with an experienced Orange County employment lawyer, please call 949-727-9300.

Picture of Elias Fakhoury
Elias Fakhoury

State Bar: #334666

Elias Fakhoury is an Associate Attorney for the Law Offices of Samer Habbas & Associates. Elias attended the University of Southern California for his undergraduate studies, where he majored in Political Science. He then continued his education at Southwestern Law School.

Prior to joining the Law Offices of Samer Habbas, Elias was an attorney and law clerk at several premier civil litigation firms in Los Angeles, where he gained experience in business litigation, employment and labor actions, and personal injury and wrongful death cases.

Elias is an active member of the California State Bar as well as several legal associations including the Consumer Attorneys Association of Los Angeles (CAALA), Orange County Trial Lawyers Association (OCTLA), and the California Employment Lawyers Association (CELA).

Elias has also achieved several awards of recognition, including being selected to the California Super Lawyers Rising Stars list for 2023 and 2024. When he’s not working to represent his clients, Elias enjoys spending time with his wife and son as well as watching the Lakers and Dodgers.

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