After providing attorney with comprehensive details of my termination and the encounters I had…read moreexperienced, he inquired about my situation. He determined that it would be challenging to substantiate my claim of termination due to my actions after continuing to be targeted and harassed. Notably, he did not address the denial of my ADA accommodation or any verifiable evidence that could support my case.
Upon conclusion of the investigation, it was proven that my termination was not based on factual evidence. The termination was attributed to third-party reports. It is concerning that Human Resources failed to respond appropriately when receiving numerous complaints against the supervisor I was questioning due to his tyrannical behavior.
The attorney offered to take my case for an upfront fee of $25,000.00. Despite the significant evidence I have to support my discriminatory and retaliation claims, I decided to accept his offer.
Red Flags:
Why is the attorney asking for $25,000 upfront?
There are generally two reasons an attorney will demand a massive amount of money upfront rather than taking it on contingency:
* The case is high-risk or difficult to prove: If your evidence consists mostly of "he said, she said" without physical documentation (emails, texts, witnesses), an attorney may not want to risk working for free. They demand payment upfront so they are guaranteed compensation for their labor.
* The "damage" value is low: Even if an employer clearly broke the law, your financial damages (lost wages, back pay) might be low. If 40% of your potential winnings wouldn't cover the lawyer's time, they will charge a flat or hourly rate instead.
Crucial Questions to Ask This Attorney
Before you write a check, you need to understand exactly what that $25,000 covers. Ask them:
1. "Is this a flat fee or an hourly retainer?" If it is hourly, ask how fast they expect to burn through it.
2. "Does this cover just the EEOC administrative process, or filing a lawsuit in federal court?" (Handling an EEOC investigation is much cheaper than filing a full lawsuit).
3. "Does this include litigation costs?" (Court filing fees, court reporters, deposition transcripts, and expert witnesses can add an extra $5,000 to $15,000+ on top of attorney fees).
4. "If we win, do you also take a percentage of the winnings?" (Be careful--some lawyers try to charge a high fee and a percentage).
What you should do next
Get a second and third opinion. Do not pay $25,000 until you have spoken to a few other experienced employment lawyers. Most will offer a free or low-cost initial consultation. If multiple attorneys turn down your case on contingency, it usually means your case faces steep legal hurdles, and you will have to decide if risking $25,000 of your own money is worth the gamble.
To help me give you more specific guidance, where are you currently at in the process? Have you already received a "Right to Sue" letter from the EEOC, or are you still waiting for them to complete their investigation?