Questions You May Have for Your Employees' Rights Lawyer
Deciding to pick up the phone and call a lawyer after you’ve lost your job, experienced problems at work, or gone through some other trauma is not easy and takes courage. You may not know where to begin, or you might think a lawyer will just waste your time in hopes of racking up a huge bill.
However, contacting an employees’ rights lawyer as soon as you can is the best way to protect your rights and ensure you have the best chance at getting compensation, not to mention holding the ones who wronged you accountable.
Explore these FAQs that cover how a New York workers’ rights attorney can help you and learn more about how our process works.
Questions for a Workers’ Rights Lawyer
If you haven’t worked with an attorney before, it’s understandable if you feel hesitant to sign with one to pursue a workplace discrimination or harassment case. What does it cost to work with a lawyer? Can I ask if I have a case before I owe any money? We’ve heard a lot of these questions, and we’re ready to answer them all.
Will I be charged for a consultation with Filippatos PLLC?
No – the firm will not charge you for reaching out and consulting with us about your legal matter. We have a full breakdown of our pricing structure for you to explore.
I can’t afford to pay an attorney by the hour – how will I afford to hire Filippatos PLLC to handle my case?
We appreciate that our clients often reach out during financial difficulty. We don’t want to add to the stress you are already experiencing as you’re trying to correct an injustice in the workplace.
Fortunately, we handle almost all our cases on a contingency basis. Essentially, a client will typically not have to pay any legal fees out-of-pocket. Instead, our clients agree that the firm will receive a certain percentage of any monetary recovery we are able to achieve.
I already spoke to an attorney and was told I don’t have a case– is it worth getting a second opinion?
Generally, yes. Believe it or not, lawyers are human and can sometimes misevaluate a case. They may have overlooked key facts or evidence or failed to ask the right questions. Employment laws are complicated and full of nuances and exceptions; getting a second opinion about your case from an employment law expert is usually not a bad idea.
I already filed a case in court pro se – could a lawyer still take on my case?
Yes – attorneys often agree to take over pro se cases, particularly if favorable evidence is uncovered in litigation. Employment cases are complicated and time consuming, so it is almost always advisable to have an experienced employment lawyer handle your case.
Can I get in trouble for contacting an employees’ rights lawyer?
It’s understandable that you may be afraid of backlash at your job for reaching out to an attorney. However, there are legal protections in place against retaliation. You have rights in the workplace — you cannot be punished for using them to your advantage. We operate with discretion, so you should not fear any blowback for contacting us.
How long do I have to file a claim for workplace discrimination or harassment?
Every type of workplace claim has a filing deadline—some as short as 180 days. That’s why it’s important to speak with an employment lawyer as soon as you suspect misconduct. We can help calculate your specific deadlines and preserve your rights before time runs out.
What Should I Know About Workplace Discrimination Claims in General?
The laws about workplace discrimination or harassment can be confusing, especially if you don’t have legal training. We’re happy to answer any questions you don’t see here.
Will my decision to bring claims become a matter of public record?
Generally, no. We are able to confidentially resolve most of the matters we handle before having to file a case in court, meaning the claims never become a matter of public record. While some cases ultimately must be filed in court, we will exercise the utmost discretion and work diligently to ensure that our clients’ interests and concerns are addressed.
Will I have to appear or testify in court if I decide to bring claims?
Most likely, no. Only a very small fraction of employment and civil rights cases go to trial; most are resolved before they reach the trial stage. Only in exceptional circumstances will a client ever need to appear in court or testify before trial.
Can I bring claims against my employer even if I still work for them?
Yes, you can. While doing so may create a somewhat uncomfortable work atmosphere, we will help you navigate this process and discuss all your options.
I am an “at-will” employee – can I still bring claims if I am fired?
Yes, employers are not allowed to make decisions motivated by unlawful reasons, regardless of an employee’s “at-will” status.
I am an independent contractor. Can I still bring legal claims against a company to which I provide services?
Yes – many employment laws protect independent contractors against unlawful treatment by companies they work for. You should consult with an employment lawyer to determine whether any of these laws may apply to you.
I have an employment contract. Can I bring legal claims if my employer fails to renew it or demands that I agree to less favorable terms?
Yes – employers may be liable if they fail to renew an employee’s contract or demand new contract terms for unlawful reasons, such as in retaliation for complaining or being a whistleblower.
I agreed with my employer that they could pay me below the minimum wage and/or not pay me overtime. Do I still have a right to claim lost wages?
Yes – employers are not allowed to violate the law merely because an employee agreed to be paid a certain way. To put it differently, agreements to break the law are usually not enforceable and do not trump the law.
I am an undocumented worker or am here on a temporary visa – do I still have employment rights?
Yes – employers must follow employment laws regardless of an employee’s immigration or visa status. In fact, many laws were created to protect vulnerable workers like undocumented workers from exploitation.
My job is based outside the U.S. – can I bring claims against my company in a U.S. court?
Depending on the facts of your case, yes. Many laws allow workers who perform their job outside the U.S. to file claims against their employer in a U.S. court.
My supervisor and I are in the same protected category – can I still have a claim against them for discrimination?
Yes – it is not uncommon for someone in a protected category to discriminate against others within that protected category, and the law recognizes and permits such claims.
I have a criminal record – do I still have employment rights?
Yes – with a few exceptions, most employment laws apply to people with criminal records, and, in most cases, it is against the law for an employer to not hire you because of your criminal record.
I am being harassed at work by a customer, client, vendor or some other non-employee third party – do I have any legal recourse against my employer?
Yes – generally, an employer may be liable for unlawful conduct perpetrated by a third party, particularly if they are on notice but fail to stop the behavior.
I no longer have access to my work emails which contain evidence to support my claims – do I still have a shot at winning my case?
Yes – employers are generally required to preserve and not delete any relevant material, such as emails, once they are put on notice of a legal claim, and must ultimately turn over this material during litigation.
How to Get Started on My Workplace Discrimination Case
Whether you are confident that you have a case of workplace harassment or discrimination against a colleague, supervisor, or employer, or you want to learn more about your options, your first step should be contacting Filippatos PLLC.
Each case is unique, and you may not find a reference to your experience online. A call to one of our workers’ rights attorneys can get you headed in the right direction. You can share details of your case with us, and we will be able to explain if you have a case and what your next steps should be.
When you decide to work with us, our team will investigate your claim, working with you to devise a strategy towards justice and compensation after someone has wronged you. We’ll begin to build a case.
Not every case ends in a trial in front of a judge, but that doesn’t mean we won’t be prepared for that possibility. We’ll pursue the option that best serves you. You’re in charge, and we will win together.
Call Filippatos PLLC at 888-9-JOBLAW or contact us online.
If you would like further elaboration on or to discuss any of these questions, please reach out to us.
* Nothing herein shall or is meant to constitute legal advice. Contact a qualified attorney if you have a legal question.