Employment Attorneys

DearLegal connects you with experienced employment attorneys who handle discrimination, harassment, wrongful termination, retaliation, unpaid wages and overtime, misclassification, non-compete defense, severance review, family-medical-leave violations, and whistleblower protections. We’ll match you with the right attorney near you — and most employment statutes are fee-shifting, meaning the employer pays the attorney if you win.

In most cases yes — every state except Montana is at-will, meaning employers can fire workers for any reason or no reason. But they can’t fire you for an illegal reason: discrimination based on protected class, retaliation for protected activity, exercising FMLA rights, reporting wage violations, refusing to commit illegal acts, or violating the terms of a written contract.

Federal claims (Title VII, ADA, ADEA) require an EEOC charge within 180 days of the last discriminatory act — extended to 300 days in states with their own anti-discrimination agencies (most states). Some state laws have longer deadlines (California: 3 years; New York: 3 years). Missing the deadline is usually fatal.

Conduct based on a protected class that is severe or pervasive enough to alter the conditions of employment. Isolated incidents rarely qualify; ongoing patterns, slurs, threats, physical conduct, or sexual harassment that affects the workplace can. The reasonable-person standard plus the victim’s subjective perception both apply.

FLSA claims (federal) cover unpaid overtime, off-the-clock work, and misclassification as exempt or as an independent contractor. State wage claims often parallel and may carry double or treble damages. FLSA allows 2 years lookback (3 years for willful violations) plus liquidated damages and attorney fees.

Depends on the state and the agreement. California, North Dakota, Oklahoma, and Minnesota largely ban non-competes. Illinois, Washington, Massachusetts, and DC restrict them by salary threshold. Most other states enforce them if reasonable in scope and duration. The FTC’s 2024 ban is in litigation; status remains contested.

Many employment cases are taken on contingency — typically 33%–40%. Most employment statutes are also fee-shifting (FLSA, Title VII, FMLA, state human-rights acts), so the employer pays attorney fees on top of the recovery if the worker wins. Some attorneys structure as hybrid (lower contingency + statutory fee award).

Why Do You Need a Employment Attorney?

Most workers in the United States are at-will employees — meaning they can be fired for any reason or no reason — but they can’t be fired for an illegal reason. Discrimination because of race, sex, age, religion, disability, pregnancy, or national origin is illegal. Retaliation for reporting illegal conduct, requesting accommodation, or asserting wage rights is illegal. Wage theft (unpaid overtime, off-the-clock work, misclassification as independent contractor or exempt employee) is illegal. The challenge is that proving discrimination or retaliation requires documentation, timing analysis, and procedural know-how the worker rarely has. Most employment statutes also impose short administrative-charge deadlines (often 180–300 days for federal claims) that run before the worker even realizes they had a case. An employment attorney evaluates the case, files the charge before the deadline, and (because most employment statutes are fee-shifting) gets paid by the employer if the case prevails.

When Do You Need a Employment Attorney?

Our network includes employment attorneys who handle every kind of case, including:

Types of Employment Cases

From the moment you connect with a employment attorney, they go to work protecting your case. The most common matters we handle:

Missing the EEOC charge deadline (180 or 300 days from the last discriminatory act)

Signing a severance agreement without legal review (most release all claims)

Resigning before consulting an attorney (resignation can defeat constructive discharge)

Failing to document the discrimination as it happens (emails, dates, witnesses)

Talking to HR without realizing HR works for the employer

Posting about the case on social media (it can be used against you)

Letting the wage-claim statute of limitations run (2 or 3 years for FLSA; longer in some states)

Missing the EEOC charge deadline (180 or 300 days from the last discriminatory act)

Signing a severance agreement without legal review (most release all claims)

Resigning before consulting an attorney (resignation can defeat constructive discharge)

Failing to document the discrimination as it happens (emails, dates, witnesses)

Talking to HR without realizing HR works for the employer

Posting about the case on social media (it can be used against you)

Letting the wage-claim statute of limitations run (2 or 3 years for FLSA; longer in some states)

Common Employment Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Employment Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Employment attorneys nationwide typically work on contingency — 33% to 40% — with most employment statutes also providing fee-shifting (employer pays attorney fees if the worker prevails). Many attorneys structure as hybrid: lower contingency plus the statutory fee award. Case costs are typically advanced by the firm. Severance review and non-compete defense are sometimes available on flat-fee or hourly structures.

What Can Your Employment Compensation Include?

Back Pay

Wages lost between the discriminatory act (termination, demotion, denied promotion) and judgment. The largest single category in most employment cases. Includes benefits and the value of lost equity.

Front Pay

Future wages when reinstatement isn’t feasible. Calculated against the worker’s likely tenure absent the discrimination. Vocational economists often calculate the appropriate duration.

Compensatory Damages

Emotional distress, mental anguish, reputational harm. Federal caps under Title VII based on employer size ($50,000–$300,000). Many state laws have no cap or higher caps (California, New York have effectively no compensatory cap).

Liquidated and Multiple Damages

FLSA doubles wage recoveries automatically (liquidated damages). ADEA willful violations double. New Jersey CFA trebles. Massachusetts Wage Act trebles. State-specific multipliers are often the largest leverage.

Punitive Damages

Available in Title VII cases for malicious or reckless discrimination (subject to combined cap with compensatory). State human-rights acts sometimes have higher or no caps. ADEA does not allow punitives.

Attorney Fees and Costs

Title VII, FLSA, ADEA, ADA, FMLA, and state human-rights acts are all fee-shifting. The employer pays prevailing-party fees. Encourages cases that would otherwise be too small to bring on pure contingency.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Employment Attorneys

Why Do You Need a Employment Attorney?

When Do You Need a Employment Attorney?

Types of Employment Cases

Common Employment Mistakes

How Much Do Employment Attorneys Cost?

What Can Your Employment Compensation Include?

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