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Contingency Lawyer for Employment

Founding Member of Moshes Law, P.C.
During his years of practice, Yuriy has concentrated in litigation and real estate transactions as his areas of expertise.

contingency lawyer for employment

Some disputes with employers and coworkers can be resolved with better communication, but some require difficult negotiations or filing a lawsuit. When times call for that, you’ll need an employment lawyer to help you get monetary compensation or other justice for the violations you have suffered.

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Many people restrain from fighting for their rights because hiring a lawyer involves fees. Sometimes it is hard to predict how much the whole process is going to cost and clients are never comfortable in such a situation.

If you have the same dilemma, then you should think about hiring a contingency lawyer for employment.

What Is a Contingency Lawyer for Employment?

When you hire a lawyer, you have to pay their fees. There are several payment methods, such as:

  • Pay a per hour fee spent working on your case
  • Pay a fixed fee for the whole case
  • Pay a contingency fee or
  • A combination of some of these methods.

If you opt for a contingency fee attorney for employment, you will pay your lawyer a fixed percentage of the amount of money he will win for you. The more he wins, the more he will be paid. If he doesn’t win the case for you, you pay nothing aside from out-of-pocket expenses.

A contingency employment attorney always shares the risk of winning with the client. When the client pays per hour or a fixed fee, he pays no matter the case outcome, hence the whole risk is on the client’s side.

But, when you hire a lawyer who would ask for fees only if he wins, then he takes a great portion of the risk on his side. If he doesn’t bring any compensation to you, his work will be unpaid.

How to Hire a Contingency Lawyer for Employment?

If you have understood the contingency fee definition, then all you need to do is ask the lawyer you intend to hire if he or she is a contingency employment attorney. If they work on such a basis and they meet the rest of your requirements, then you should hire them.

However, do not forget that the lawyer may not be willing to work on your case. If they share the risk of winning and losing with you, they will be very selective with the cases they work on.

Employment lawyers who work on a contingency fee basis do not take just on any case.

The lawyer’s willingness to work on your case on a contingency fee basis is a sign of their faith in your claim. Lawyers have experience with many cases like yours and can make estimations on your chances of winning. If they think that you could win it, they won’t hesitate to take it. But, if they think that you have slim to no chances of getting compensated, they won’t lose your time and money. They’ll just let you know that your chances are small and you shouldn’t even try it.

If you find yourself in a need of employment lawyers working on a contingency fee basis, call an NYC employment lawyers at the Law Offices of Yuriy Moshes, P.C. We help workers in the New York City area including all of its boroughs (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as Long Island, and Upstate New York. Contact us at 888-231-4891.

How Much Do Contingency Lawyers for Employment Charge?

The contingency fee varies greatly from lawyer to lawyer, but in most cases, you can expect them to ask for one-third to forty percent of the total amount of compensation they have recovered for you.

Before hiring an attorney, it is good to consider whether an hourly fee or a contingency fee suits you best. An hourly fee may be a better option if the amount of work is relatively small, such as negotiating a better employment package or reviewing a contract.

But, if your case may end up in trial or requires long negotiations, then a contingency fee may suit you better. Lawsuits require long hours of work, and if you pay hourly, you may end up with a bill of tens of thousands of dollars. Employees rarely have the funds to support such a lawsuit, especially if they lose. In that case, a contingency fee is the right way to go.

Court Costs and Awards of Attorney’s Fees

Aside from paying attorney’s fees, there are many other expenses to be paid. There are various fees you need to pay, such as filing fees in courts, transcribing interviews with witnesses, obtaining evidence that could help your case, and others – and these must be part of your agreement with the lawyer.

There are several ways to deal with this, including:

  • You’ll pay for the expenses in advance. Contingency lawyers for employment usually ask clients to deposit a substantial amount of money for paying these fees. That could be $1000 or more, depending on your case. It is impossible to predict all the costs the procedure would require, therefore this sum is never small.
  • You’ll pay part of the expenses in advance. The lawyer may ask you for a certain amount of advance payment of these expenses that will likely not be enough to cover it all. When you win the case, you’ll repay it from the compensation.
  • You’ll pay nothing in advance. This is also an option, but do not expect to find a lawyer who would accept to pay all of your out-of-pocket expenses hoping for repayment after winning. Contingency lawyers already risk a lot by working for you for free until they win, hence it would be a big burden for them to pay for these expenses as well.

employment attorney contingency

In some workplace lawsuits, such as discrimination and harassment claims, the court may award you attorney fees with the judgment. However, this rarely is enough to cover all the attorney’s fees. For that reason, it is important to agree with the lawyer what happens if the court award such fees. There are two approaches in such a case:

  • Pay your attorney all of these fees and subtract them from the contingency fees of your award, or
  • Add the award fees to the compensation package and calculate the contingency fees on the whole amount. This approach is less advantageous for you.

Meeting with an Employment Lawyer

When choosing an employment lawyer, it is important to do your homework. That involves online research on lawyer’s profile, online recommendations, and of course, word-of-mouth recommendations. Just don’t trust any commercials on billboards or TV. If a lawyer appears on billboard or TV, it means that they have paid for that. It doesn’t make them good lawyers. But, if a lawyer has a good online reputation, that means that they have helped others who have been in your situation.

After narrowing your list, call each one of them. Check out how they behave over the phone to get an idea of how they communicate with their clients. Trust your gut and if someone seems to care only about getting money, ditch him. Arrange a meeting only with the ones interested in your case and knows how to help you get the outcome you desire, as long as it is possible.

When you meet the lawyer you could eventually hire, usually in their offices, go prepared with all the documents and evidence you possess at the moment. Ask the lawyer as many questions as you want to ask. Here are some suggestions:

  • Do you think I have a strong case? What kind of compensation can I expect to receive?
  • How many years of employment law experience do you have? Have you handled many cases like mine?
  • Who will be doing the majority of the work on my case?
  • How often will you update me on the status of my case?
  • How do you charge for attorneys’ fees?
  • Will I need to pay for any costs up front?
  • How long will my case take?

For answering these questions, some lawyers will provide a free initial consultation, while others will ask for a reasonable hourly fee.

Keep in mind that whether you pay for it or not, you’ll have those 30 minutes to one hour to present shortly your case and ask questions. Usually, it is enough to talk about all the aspects. You need to use your time and lawyer’s time wisely, so it is best to come well-prepared with prepared questions and documents.

Keep in mind that a good lawyer will let you know if you don’t have a good case. But if you do have a good one, then don’t rely solely on lawyer’s courtroom abilities. The vast majority of employment cases are getting resolved with settlements, hence negotiation abilities are way more important.

moshes law

If you need a contingency fee employment lawyer in New York City, call us at the Law Offices of Yuriy Moshes. We represent victims of employment discrimination in the greater New York City area including all of the boroughs of New York City (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as upstate New York, and Long Island. Reach us today at 888-231-4891.

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