The 10 Commandments for Pursuing Your Employment Claims
Think you’ve been wronged by your current or former employer but don’t know how to proceed? Let these ten commandments be your guide.
I. Consult with an Employment Attorney.
We’re everywhere—you can’t miss us. We pay good money to get on your radar, so don’t feel like you’re imposing on our time or good nature. And if you are imposing? Well, that’s our problem, not yours.
II. Pay Money for an Initial Consultation.
Now, this is not a hard and fast rule. There are many competent and ethical employment attorneys in California who charge for initial consultations and are perfectly justified in doing so. There are also, however, many competent and ethical employment attorneys who don’t charge for initial consultations. Why buy the cow when you can get the milk for free?
III. Consult with Another Employment Attorney.
It never hurts to get a second opinion, or a third, or a fourth, especially if they’re free. If every law firm you speak to wants to set up a meeting to sign you up as a client, you know you’re in business. Conversely, if you’re repeatedly told that you have no case, you have a pretty good idea where you stand.
IV. Consult with Any Attorney.
In a world where resources are scarce, employment lawyers are plentiful, especially in Los Angeles. If you have an employment law issue, you want to make sure you are advised by someone with employment law experience. If a lawyer’s website does not include employment as an area of practice, there’s a pretty good chance he or she is not well versed in that area of law.
V. Contact an Attorney From the Workplace.
This seems rather obvious when you think about it. The problem is employees often don’t think about it. Many employers have policies explicitly authorizing the monitoring of employees’ company emails and internet search history. The same is true of phone calls made from work telephones. Even without these policies, you cannot assume such communications will remain confidential. If you don’t have a cell phone, wait until you get home to make the call. If you need to send an email from work, make sure you use a personal email account and do it during a break and out of the reach of prying ears.
VI. Give Yourself Sufficient Time to Review the Retainer Agreement.
So you’ve met with the Law Offices of Employmentson and Laborstein, APC, and have a good vibe about them. They’re interested in representing you and giving you their standard retainer agreement. Before signing anything, read the agreement! This is more ostensibly obvious advice too many clients ignore. Do not feel pressured into signing anything you have not fully reviewed. If you need more time, ask for it.
VII. Sign the Retainer Until All Your Questions Have Been Answered.
A common side effect of being a lawyer is writing like one. If there is a provision in a retainer agreement that does not make sense to you, ask the attorney to explain it to you. It’s quite possible he or she does not understand it either. A retainer agreement is a legally binding contract. Once you enter into the agreement, you are bound by its terms. It’s critically important that you understand, and are comfortable with, everything in the contract.
VIII. Everything Your Lawyer Tells You to Do When You’re Told to Do It.
A good attorney will zealously fight for you, but you need to do your part. Make yourself an asset to your case, not another problem your lawyer has to contend with.
IX. Withhold Relevant Information From Your Attorney.
A corollary to the Eighth Commandment and a cardinal sin. You might be tempted to withhold information that you believe is harmful to your case or personally embarrassing. Don’t! An informed lawyer with advanced knowledge can minimize the damage and/or avoid uncomfortable revelations about you. A blindsided and unprepared lawyer will lose face in front of opposing counsel and lose faith in you.
X. Follow These Commandments As They Have Been Told Unto You.
Uncomfortable with the religious undertones? Just think of them as helpful suggestions.