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If you were wrongfully terminated, discriminated against at work, sexually harassed, or retaliated against for speaking up, you may have the right to pursue legal action — and you should not have to pay anything upfront to do it. A contingency lawyer for employment only gets paid if they win your case. No hourly bill. No retainer. No financial risk to you.
At Moshes Law, P.C., we represent employees across New York City, Long Island, Hicksville, and New Jersey on a contingency fee basis. If we do not win, you owe us no attorney fees. This 2026 guide explains exactly how contingency employment lawyers work, which cases qualify, what fees look like, and how to find the right attorney near you.
AUTHOR YURIY MOSHES, ESQ
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
If you’ve been injured in an accident and are unsure whether a settlement fairly reflects your pain and suffering, you don’t have to navigate the process alone. Speak with an experienced New York personal injury attorney to understand your rights and pursue the full compensation you may be entitled to.
A contingency fee employment attorney is a lawyer who represents you without charging upfront attorney fees. Instead, they receive an agreed percentage of the settlement or court award if your case is successful. If they do not recover money for you, you owe nothing in attorney fees.
This arrangement is also called “no win, no fee” — and for most workers, it removes the single biggest barrier to seeking justice: the cost of hiring a lawyer.
There are three common ways employment lawyers charge:
For most employees facing lawsuits or complex employment disputes, the contingency fee model is the most accessible and lowest-risk option — and it aligns your attorney’s incentives directly with yours.
Not every workplace complaint qualifies for contingency representation — but many of the most serious violations do. Employment lawyers who work on contingency typically accept cases involving:
Cases with clear evidence of employer misconduct and meaningful financial losses tend to be the strongest candidates for contingency representation. If your situation involves any of the above, speaking with a contingency employment lawyer near you is the right first step.
Instead of billing by the hour, your attorney receives a percentage of whatever compensation they recover for you. The standard contingency fee in employment cases ranges from 33% to 40% of the total recovery, depending on case complexity, whether it goes to trial, and the firm’s agreement.
Here is what that looks like in practice:
| Settlement Amount | Attorney Fee (33%) | Your Take-Home |
|---|---|---|
| $75,000 | $24,750 | ~$50,250 |
| $150,000 | $49,500 | ~$100,500 |
| $250,000 | $82,500 | ~$167,500 |
Note: These figures show attorney fees only. Out-of-pocket costs (filing fees, deposition transcripts, expert witnesses) are separate and should be clearly defined in your written agreement before you sign anything.
Common ways litigation costs are handled:
Always get the fee structure in writing before representation begins. A reputable contingency employment lawyer will be transparent about every cost.
Choosing between contingency and hourly billing depends on the nature of your legal matter. Here is a direct comparison:
| Contingency Fee | Hourly Billing |
|---|---|
| No upfront attorney fees | Pay regardless of outcome |
| Attorney paid only if you win | Billed for every hour worked |
| Best for lawsuits & damage claims | Better for contract reviews & advice |
| Lower financial risk for employees | Predictable cost for limited scope work |
| Lawyer shares risk with you | Risk stays entirely with the client |
Bottom line: If your dispute may require filing a lawsuit or extended negotiations, a contingency arrangement significantly reduces your financial exposure. If you need a contract reviewed or a short advisory session, hourly billing may be more cost-effective.
Yes — many employment attorneys, including our team at Moshes Law, accept qualifying cases on a no win, no fee basis. However, contingency lawyers are selective because they are investing their own time and money into your case with no guaranteed payment.
A lawyer’s willingness to take your case on contingency is itself a signal of confidence in your claim. Attorneys evaluate factors such as:
If a contingency attorney declines your case, it does not automatically mean you were treated fairly — it may mean the expected recovery does not justify the litigation cost. In that case, ask whether a different approach or a second opinion makes sense.
The best way to find out if your case qualifies is a free consultation with an employment attorney. At Moshes Law, we offer free case evaluations. Call 888-445-0234 or submit your information online.
Under a true no win, no fee employment lawyer arrangement, if no money is recovered, you owe nothing in attorney fees. That is the core protection contingency representation provides.
However, attorney fees and litigation costs are two different things. Some agreements still require clients to cover certain out-of-pocket expenses — like court filing fees or deposition transcripts — even if the case is unsuccessful. Always ask:
One more important point: in certain employment cases — especially discrimination and harassment claims under federal law — the court can order the employer to pay your attorney fees as part of the judgment. When this happens, there are two ways it is typically handled:
Confirm which approach applies before signing your agreement.
The compensation available in an employment case depends on the type of violation and the evidence. Common recoverable damages include:
Every case is unique. An experienced contingency employment attorney can assess the specific facts of your situation and give you a realistic picture of potential recovery.
Not all employment attorneys are equally suited to your case. Go beyond advertisements — a billboard does not make someone a skilled negotiator. Here is how to evaluate your options:
A lawyer working on contingency is your partner in the outcome — they win when you win. That shared stake is a powerful incentive for thorough, committed representation.
You do not need money to start fighting for your rights. At Moshes Law, P.C., our employment attorneys handle qualifying cases on a no win, no fee basis. We represent workers across New York City, Long Island, Hicksville, Freeport, and New Jersey — and we are available evenings, weekends, and holidays.
Do not let concerns about legal fees stop you from understanding your rights. Call 888-445-0234 today or fill out our free case evaluation form online. If you have a strong claim, we will take it — and we will not stop fighting until you get the outcome you deserve.
A contingency fee means your attorney receives a percentage of the money recovered through a settlement or court judgment, rather than charging upfront fees. If nothing is recovered, no attorney fee is owed.
Yes. Many employment lawyers — including at Moshes Law — accept qualifying cases on a contingency basis. This is most common for wrongful termination, discrimination, harassment, retaliation, and wage theft cases.
Most contingency employment attorneys charge between 33% and 40% of the final recovery. The exact percentage depends on the complexity of the case, whether it goes to trial, and the signed agreement.
Yes. That is exactly what contingency representation is designed for. You pay no attorney fees upfront and owe nothing if your case is unsuccessful. Some litigation costs may still apply — confirm this before signing.
Often yes. Federal EEOC claims — including race, gender, disability, pregnancy, age, and religious discrimination, as well as retaliation — are among the case types commonly handled by contingency employment lawyers.
A retainer requires payment upfront before any work begins, regardless of outcome. No win, no fee (contingency) means you pay attorney fees only if money is recovered for you. For most employees, contingency is far more accessible.
Cases involving simple contract review, negotiating an employment package, or disputes with limited financial damages may not qualify. An hourly arrangement is often more appropriate for these smaller-scope matters.
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