EMPLOYMENT FAQ

Why should I meet with an attorney about my employment dispute?

There are several things to keep in mind in deciding on whether to seek legal representation in an employment dispute:

1. •The nature of the dispute:  If you are still employed with the employer with whom you have a dispute, and want to perpetuate an ongoing employment relationship, you might first consider whether or not the dispute can be resolved by approaching your employer directly.  Often misunderstandings can be sorted out just by getting all the facts out on the table.  If direct discussions with your employer are ineffective, you might next consider going to the administrative agency dealing with the issue in question, such as the Department of Labor, the Equal Employment Opportunity Commission, and the California Department of Fair Employment and Housing, or the Department of Labor Standards Enforcement.  An administrative claim may be more cost effective and faster to resolve than pursuing formal litigation.  This is particularly true if the claim is relatively minor.  On the other hand, if you have been wrongfully terminated or forced to resign, or been the victim of harassment or discrimination that has resulted in substantial economic loss which has caused significant life change and distress, you will almost certainly benefit from contacting an attorney experienced in representing employees in labor disputes.
   

2. •Come prepared at the initial meeting with the attorney:  The initial consultation with the attorney in a labor and employment case is extremely important for both the lawyer and the client.  It will usually be at the conclusion of this meeting that a decision will be made as to whether the lawyer will accept the case, the client will retain the lawyer, whether a lawsuit will be filed, and the general expectations regarding what potential benefits and risks are attendant to the case.  It is virtually impossible to sensibly evaluate an employment case in a vacuum.  The more information you provide as a potential client, the better the attorney will be at offering you some meaningful evaluation of your case.  Things to bring include:
   

1. 1.any contract for employment that you have entered into with your employer
   

2. 2.any other agreements you have signed such as confidentiality or non-compete agreements, or agreements to arbitrate any disputes
   

3. 3.the employment manual or other written protocols issued by the employer
   

4. 4.all communications from the employer such as emails or memos dealing with the issues that are even generally relevant to your potential case
   

5. 5.compensation plan materials and compensation records documenting the system under which you were paid and the amounts you received
   

6. 6.documents reflecting employment benefits such as health insurance, pension or 401k plans, disability or life insurance, or allowances such as transportation expenses, club memberships, or any other form of compensation. 
   

Yes, this is a lot of material.  But sooner or later it will need to be closely reviewed by the lawyer who takes your case - and sooner is always better than later.