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Advice sought: How to find an employment lawyer
Hello friends,
I am taking the day off from work...I have had an upset stomach and not slept well at all. So, since I have the time, I thought I might look further into my options regarding employment law in regards to being let-go right after medical leave (in my case maternity). From my online searches I have learned that it is quite common (sadly) and that some women have been able to build strong lawsuits. I know there are some lawyers on this board as well as law-savvy gals and I wanted to get your advice on how I might go about finding a good employment law attorney. Do they typically take cases pro bono or would there be a financial commitment on my part upfront? Obviously if I am to be losing my income, that would have a large affect upon whether or not I could afford to hire somebody.
Any advice would be great, I've never, ever needed the services of a lawyer before...and I am still hoping that I won't, but I want to be prepared, just in case.
Re: Advice sought: How to find an employment lawyer
I know that some attorneys will take pro bono cases, but from my experience, it's usually only when they're sure they will reach a sizeable settlement that will be worth their time (at least that is per the attorneys that I work for).
Not being familiar with OK law, but having worked in HR for the past 17 years, be prepared to be able to prove that the reason for being let go is a result of your protected leave. I have been in several situations over the years where we've downsized and had to let go people that had just returned from leave for valid business reasons. It may not always 'feel' right (to you or to the company), but I have been in situations where it was the only choice. The company is required to return you to the "same or equivalent position" upon return from LOA, but if that job isn't available, nor is an equivalent position, they are well within their rights to terminate employment.
Is there any reason that you feel this is retaliatory?
Lori I am so sorry that you are so stressed right not but you are definitely making the right decision in researching your options! We have been sued by former employes a number of times and I handle all correspondence with our attorneys so I am pretty familiar with the process-plus california favors employes over employers. Unfortunately I do not know what the Oklahoma laws are-I will ask some of my attorney friends and my sister who's close friend is one of the top labor attorneys in california-but that might not be of any help to you. For starters I would definitely get all your ducks in a row so you are fully prepared when you meet with an attorney. Print out all correspondence start documenting EVERYTHING and I mean EVERYTHING. As far as compensation to attorney goes generally an attorney will take a preliminary meeting with you free of charge and assess your situation/case and determine whether or not they will take you on as a client-fees are generally a percentage of settlement won. Also keep in mind that when building a case lawyers are going to look for everything and give a big long laundry list in the event that you will get traction with one or two things. When we were sued in the past (and we always settled out of court) we received a huge list of complaints-most were bs but some we actually had to settle on. Oh and one last thing is that sometimes the attorney can negotiated that his/her fees are paid by company being sued.
Hope that the above is helpful. I am so sorry that this is on your mind right now-I cannot begin to imagine how stressful this is for you. If you have any other questions-I will try to answer as best I can-always here to listen and be supportive
xoxoxx
sorry you are going through this. Like Amy I think these type of cases are really hard to prove and get somewhere. What is the result you are hoping for? compensation, to keep your job? Would the possibility of compensation be worth the fight?
Don't know much about employment law and don't know anything about OK law and which federal laws may apply to you.
I don't think many attorneys take these types of cases "pro-bono" but some may offer payment plans because many people are in your situation, but I doubt you could engage a lawyer without a retainer. There may be some type of legal clinics for self help - you can go in and they can help you fill out forms and give some advice but not actually represent you. Usually there are income limits for this type of help though - not sure if you would qualify since you say you were making good money.
I think the best way to actually find a lawyer is by word of mouth and referrals from other people - the best lawyers are often not the ones that advertise b/c they don't have to
I think you would be best served by reading up on your personnel policies, getting familiar with their grievance policy and any steps you may take to dispute your termination if it happens. You must follow those to a tee.
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I don't know if you're willing to post elsewhere about this, but there are a lot of lawyers on the Money Matters board and some of them may be willing to give some general legal advice (well, not "advice" as such because I think that puts them in a position of legal responsibility, but maybe "information in their experience"?).
(((hugs)))
without knowing what kind of company you worked for, i'm not sure if i can be of any help, but my husband works for an employment law firm, was an employment lawyer in Hawaii, and it studying for the bar in CA right now.
i just asked james and he says the whether or not you would be taken pro bono depends on how strong the case is and how much the employer might be able to pay out, willing to settle, etc.
if you want to talk to him for just general advice, and maybe his firm can give you a reference to an employment law firm closer to where you live, i'll txt you via facebook and give you his info. good luck sweetie.
hi hi hi lori...
sorry you're going through this.
unfortunately, pp are right. document everything, read your employee handbook, etc. the employee handbook is more powerful than lay people think. and procedures/remedies generally do have be followed/exhausted.
i'm not familiar with ok law.
i agree with robbi. i would look for word of mouth or even call your county's local bar association. you may even see if your library offers a "lawyers in the library" program. if your county doesn't have anything, then contact the state bar association. they should most definitely have a referral service.
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