Attorney for Lawsuit Against Employer Legal Guide

Facing workplace discrimination? Finding the right attorney for lawsuit against employer cases is crucial, especially considering you must file your lawsuit within 90 days of receiving your Notice of Right to Sue.

When employees experience discrimination based on race, gender, age, disability, or other protected characteristics, they need specialized legal representation. In fact, employment discrimination lawyers or workplace harassment attorneys typically charge between $200 and $600 per hour, depending on their experience and qualifications. Additionally, employees should understand they’re entitled to specific legal protections in the workplace, including protection from discrimination based on race, national origin, gender, religion, disability, and age.

Before filing a lawsuit against an employer, individuals should know that the Equal Employment Opportunity Commission (EEOC) ultimately litigates only a small percentage of all charges filed. However, understanding the legal process, deadlines, and finding the right lawyer to sue your employer can significantly impact the outcome of your case. This comprehensive guide will walk through the essential steps of recognizing workplace violations, filing necessary complaints, and selecting the appropriate legal representation for your situation.

Understanding Your Legal Rights at Work

Workplace violations occur frequently across industries, with the US Department of Labor recovering substantial sums for employees whose rights were violated. For instance, in one case alone, $124,000 was recovered in back pay and damages for restaurant workers in New Jersey.

Types of workplace violations that justify a lawsuit

Several workplace violations can form the basis for legal action against employers. These include:

• Discrimination: Unfair treatment based on protected characteristics such as race, sex, age, religion, disability, or sexual orientation
• Harassment: Unwelcome conduct that creates a hostile work environment
• Wrongful termination: Being fired for illegal reasons
• Wage theft: Underpayment or refusing to pay overtime
• Retaliation: Punishment for engaging in protected activities
• FMLA violations: Interference with rights to take medical or family leave

When discrimination or retaliation becomes illegal

Discrimination becomes illegal when employees are treated unfairly because of their membership in protected classes. Furthermore, retaliation has been the most frequently alleged basis of discrimination in the federal sector since 2008. Nearly half of all complaints filed during fiscal year 2013 were retaliation complaints.

Retaliation occurs when an employer takes adverse action against an employee for:

• Filing discrimination complaints
• Participating in workplace investigations
• Discussing salary information
• Requesting reasonable accommodations
• Reporting unsafe working conditions

How federal and state laws protect employees

Federal laws establish minimum protections, while state laws often provide additional safeguards. Key federal protections include:

• Title VII of the Civil Rights Act: Prohibits workplace discrimination based on race, color, sex, religion, and national origin
• Age Discrimination in Employment Act: Protects employees over 40 from age discrimination
• Americans with Disabilities Act: Requires reasonable accommodations for workers with disabilities
• Family and Medical Leave Act: Allows eligible employees to take unpaid leave for family or medical reasons
• Fair Labor Standards Act: Establishes minimum wage and overtime requirements

Consequently, organizations must establish clear policies prohibiting discrimination and harassment while fostering procedurally just climates to prevent retaliatory behavior. Each state typically sets additional laws related to fair employment and workplace safety that often exceed federal protections.

Filing a Complaint Before Suing Your Employer

The legal process for workplace discrimination begins long before heading to court. Prior to filing a lawsuit against an employer, understanding the proper procedural steps is essential.

Why you must file with the EEOC first

For most discrimination claims, filing with the Equal Employment Opportunity Commission (EEOC) is a mandatory first step. The laws enforced by the EEOC, except for the Equal Pay Act, require employees to file a Charge of Discrimination before pursuing a lawsuit. This formal charge asserts that an employer engaged in employment discrimination and requests remedial action.

Time limits for filing are strict:

• Generally 180 calendar days from when the discrimination occurred
• Extended to 300 calendar days if a state or local agency enforces similar laws

Initially, the EEOC investigates the claim to determine if employment rights were violated. This investigation typically takes around 10 months to complete.

How to get a Notice of Right to Sue

The Notice of Right to Sue is an official document granting permission to file a lawsuit in federal or state court. Employees can obtain this notice through several methods:

• Automatically receive it when the EEOC closes its investigation
• Request it before the investigation concludes if they wish to proceed to court sooner
• Request it after the charge has been pending for 180 days

Notably, once this notice is received, individuals must file their lawsuit within 90 days—a deadline established by law. Missing this window may prevent the case from moving forward.

Exceptions for age and equal pay claims

Certain types of discrimination claims follow different procedures:

Age discrimination cases: Though filing a charge is still required, employees don’t need a Notice of Right to Sue to proceed with an age discrimination lawsuit. They can file in court 60 days after filing the EEOC charge, but no later than 90 days after receiving notice that the investigation concluded.

Equal Pay Act claims: These cases represent the most significant exception. Unlike other discrimination claims, employees can proceed directly to court without filing with the EEOC or obtaining a Notice of Right to Sue. Lawsuits must be filed within two years of the discriminatory pay practice (three years if the discrimination was willful).

How to File a Lawsuit Against Your Employer

Once you’ve received your Notice of Right to Sue, strict timelines apply for taking your case to court. Understanding these deadlines and procedures is critical when working with an attorney for lawsuit against employer cases.

Filing deadlines and statute of limitations

After receiving a Notice of Right to Sue from the EEOC, you must file your lawsuit within 90 days. This deadline is established by law, and missing it may prevent your case from moving forward.

Different claims have various statutes of limitations:

• Age discrimination: Can file 60 days after EEOC charge (no Right to Sue needed)
• Equal Pay Act: Two years from discriminatory paycheck (three years for willful violations)
• State claims: Vary by jurisdiction (Florida recently reduced from four years to one year for certain claims)

What happens after you file the lawsuit

Following your filing, the employer typically has about 30 days to respond to your complaint. Instead of answering, they might file a motion to dismiss, although these often fail.

Subsequently, the discovery phase begins—the most time-consuming part of the process. During this period:

• Written discovery includes document requests and interrogatories
• Depositions gather testimony under oath from relevant parties
• Your deposition will be taken (mandatory attendance)

Afterward, the employer may file a motion for summary judgment arguing no factual disputes exist.

How to request early permission to sue

Although the EEOC typically requires 180 days to investigate, you can request an early Notice of Right to Sue:

• Submit your request to the EEOC office handling your charge
• Include your charge number and names of all parties
• Understand that before 180 days pass, the EEOC will only grant this if they cannot complete their investigation in time

Remember, requesting early permission means forfeiting the EEOC investigation, so consider this option carefully.

Finding the Right Lawyer to Sue Your Employer

Selecting competent legal representation remains crucial when pursuing workplace discrimination claims. Most employment attorneys offer initial consultations to evaluate potential cases.

Where to find employment attorneys

Reliable sources for finding qualified employment lawyers include:

• State bar association referral programs
• Legal directories that verify licensing through bar associations
• Recommendations from friends or colleagues
• Employment lawyer associations like the National Employment Lawyers Association
• Online attorney directories with verified reviews

What to ask during your first consultation

During your initial meeting, which may cost between $150-$500 at some firms, inquire about:

• Their experience with cases similar to yours
• Their strategy approach (settlement vs. litigation preference)
• Who will handle your case (principal attorney vs. associate)
• Communication methods and response times
• Expected timeline and potential outcomes

Fee structures: hourly, flat, or contingency

Employment lawyers typically use three payment structures:

Hourly rates: Range from $150-$500 depending on experience and location

Contingency fees: Attorney receives 25%-40% of any settlement or award, only if you win

Flat fees: Fixed amounts for specific services like contract reviews or consultations

Moreover, some firms require retainers—upfront deposits against which they bill their services. Consider fee structure carefully, as contingency arrangements may result in lawyers pressuring early settlements.

Conclusion

Taking legal action against an employer requires thorough understanding of your rights and proper navigation of complex legal procedures. Employees must recognize legitimate workplace violations such as discrimination, harassment, or retaliation before proceeding with any legal action. Additionally, most discrimination claims necessitate filing with the EEOC first and obtaining a Notice of Right to Sue before heading to court.

Time constraints play a critical role throughout this process. Employees must adhere to strict deadlines—filing a lawsuit within 90 days after receiving the Notice of Right to Sue represents perhaps the most crucial timeline. Missing these deadlines could effectively terminate your case before it begins.

Equally important, selecting qualified legal representation significantly impacts your case outcome. Attorneys specializing in employment law possess the expertise needed to navigate EEOC procedures, court filings, and discovery processes. Therefore, researching potential lawyers thoroughly and understanding their fee structures—whether hourly, contingency-based, or flat-rate—should become a priority for anyone considering legal action.

Above all, employees should remember their legal protections exist for good reason. Federal and state laws safeguard workers from unfair treatment based on protected characteristics. Though challenging, standing up against workplace violations through proper legal channels helps protect not only individual rights but also contributes to fairer workplaces for everyone. The path may seem daunting, but with appropriate legal guidance, employees can effectively assert their rights and seek justice when those rights have been violated.