What Does an Employment Law Attorney Do?
While finding the right employment law attorney is important, it can help to understand what an employment law attorney does and what your expectations should be. Employment law attorneys represent employers, or employees, in matters that deal with the workplace. As noted above, they handle workplace disputes, such as discrimination, wrongful termination, hostile work environment, overtime, wage disputes, injury claims, and many others. Employment law attorneys also handle other employment-related issues, such as non-compete agreements and employee contracts.
While every case is different , employment law lawyers can help evaluate claims and determine what potential compensation awards may be recoverable. Although a consultation is usually free, most cases are handled under a contingency fee contract with a law firm. This means that you do not have to pay any legal fees or costs until the case is resolved. If the case is lost, you won’t owe any legal fees or costs. If the case is won, however, the law firm will be paid out of any recovery. In Tennessee, that fee will likely be one third (1/3) but is always subject to negotiation up front with the attorney.
Reasons You Need an Employment Law Attorney
The landscape of employment law is complex and ever-changing, making it vital for both individuals and businesses to secure knowledgeable legal counsel well-versed in the intricacies of both Tennessee and federal laws. From securing new employment to dealing with potential terminations, navigating the maze of workplace regulations and safeguarding your rights or your business’ interests can be daunting.
Individuals often need an employment law attorney after facing an incident of wrongful termination. This can occur after their employment has been terminated for unjust reasons, such as discrimination on the basis of race, gender, age or disability. A skilled legal professional can speak to how to proceed with a claim based on the specific circumstances of each case and help to craft a strategy aimed at recouping lost wages and other possible damages.
Businesses may only recognize the need for an employment law attorney when faced with a serious problem involving an employee. When something goes wrong in an employment situation, the fallout can include everything from unresolved wage disputes to allegations of harassment or discrimination, to non-compete or non-solicitation violations by former employees. In some cases, businesses may simply need to resolve a non-union grievance issue, while others require attorneys who are versed in labor law.
Those running a business in Memphis may also seek legal advice before hiring a new employee. Employers may need to secure assistance drafting employment contracts that comply with state and federal law, or to review and renew existing contracts. An employment law attorney can also provide guidance and insight in connection with drafting and implementing workplace policies such as handbooks, dress codes, codes of conduct and more.
Whether an individual or business is facing litigation, termination issues or just needs a proper workplace policy and procedure manual, an experienced employment law attorney can provide valuable assistance.
Factors to Consider in Selecting the Right Attorney
When selecting an employment law attorney in Memphis, it’s important to consider several key factors to ensure you make the best choice for your legal needs. Here are some essential criteria to keep in mind when evaluating potential attorneys:
Qualifications and Experience: It’s crucial to choose an attorney with relevant qualifications and ample experience in employment law. Look for an attorney who has successfully handled cases similar to yours and has a strong track record of positive results. Ask about their educational background and any specialized training in employment law.
Reputation: A good reputation speaks volumes about an attorney’s expertise and commitment to their clients. Research online reviews and testimonials from previous clients to gather insights about the attorney’s practice. Additionally, consider seeking recommendations from trusted friends, family members, or colleagues who have had positive experiences with employment law attorneys.
Fees and Billing Practices: Understanding an attorney’s fees and billing practices is essential to avoid any surprises later on. Some attorneys work on a contingency fee basis, meaning you only pay them if you win your case. Others may charge a flat rate or bill by the hour. Make sure you fully understand the attorney’s fee structure before signing an agreement.
Accessibility: It’s essential to choose an employment law attorney you can easily communicate and connect with. Ask about the attorney’s communication style and how often you can expect updates on your case. Ensure that you feel comfortable speaking with the attorney and that your questions and concerns are addressed promptly.
Client Testimonials: Client testimonials provide valuable insights into the attorney’s past performance and the quality of their work. Look for testimonials on the attorney’s website or review platforms like Google or AVVO. Don’t hesitate to ask for references from past clients who can speak on their experiences with the attorney.
Choosing the right employment law attorney in Memphis, TN is a critical step in addressing your employment-related legal matter. By considering these key factors, you can make an informed decision that will help you achieve a favorable outcome.
Best Employment Law Firms in Memphis, TN
In Memphis, you will find a number of experienced employment law firms ready to advise you on your employment matters. Some of these firms and practice groups are well-known, while others are lesser-known but equally reputable.
Here are some of the top employment law firms and lawyers in Memphis:
The Gallagher Law Firm
The Memphis-based Gallagher Law Firm focuses its litigation practice on business and employment disputes with an emphasis on wrongful termination cases and wage and hour law. The firm’s founder, Scott Gallagher, has been included in Best Lawyers in America since 2011, and was honored as one of 2013’s Top-Rated Lawyers in Labor Employment by Martindale-Hubbell and The American Lawyer Magazine.
Wolfe Jones & Fox
Wolfe Jones & Fox boasts more than four decades of experience serving Memphis clients in employment law cases. The firm consists of a team of seasoned advocates who only represent employees, not employers. The firm’s areas of practice include unlawful discharge under Tennessee public policy, discrimination and retaliation claims, and wage and hour issues among others .
Jackson, Shields, Yeiser & Holt, PLLC
The Memphis employment law group at Jackson, Shields, Yeiser & Holt, PLLC represents both employees and employers. The department offers a full suite of employment law services, including but not limited to discrimination and harassment claims, disability, age and gender harassment, and trade secrets and non-compete agreements. It is composed of a team of ten attorneys, many of whom formerly had careers on the company side before entering private practice.
Farris Bobango
The Memphis law firm of Farris Bobango employs a team of three attorneys with backgrounds representing both employees and employers. Attorney W. Christopher Guerrant is recognized as a SuperLawyer, while Linda Starnes is a fellow of the American Bar Association and holds an AV Preeminent Peer Rating. The firm has been involved in notable cases, including the FLSA case Brunt and Webster v. Eledan Group, LLC, where it obtained favorable class action results against its clients.
Expense of Retaining the Services of an Employment Law Attorney
The cost of hiring an attorney is a common concern for employees seeking legal assistance. While specific figures vary based on the complexity of the case, attorneys are typically compensated with hourly fees, charging $275-$750 per hour or more. This results in an average legal bill of $600-$1,500 for an entire case, and often times significantly more. Negotiation is always an option for your attorney’s fee, but make sure that it is not in place of a written retainer agreement which specifies the terms of the representation. Alternatives to billing by the hour include contingency fees, flat fees, and subscription-based fees, all of which are uncommon among Memphis employment law attorneys.
What You Should Expect in an Initial Consultation
The initial consultation with an employment law attorney can take various forms, depending on the firm’s protocols and resources. In Memphis, for example, many law firms still prefer in-person meetings, but some have gone completely virtual. I’m a fan of a hybrid approach. I work with a client’s schedule the best I can, and a virtual consultation is often much faster to schedule than an in-person meeting.
Other firms have loaner offices and use those to meet with a client. I often refer clients to local law schools. Realizing that attorneys can’t charge for legal services to students and other non-profit groups, some litigation lawyers share borrowed office space at law schools to maintain momentum in their practice while providing pro bono legal services.
Regardless of the firm you choose, the initial consultation is an opportunity to establish rapport with the person with whom you’ll be sharing some of the more private moments in your life: your job dissatisfaction, your past mistakes, your failures and regrets. The process should begin with a discussion of the hourly rate charged for the attorney’s services and how often, typically, that billing will be invoiced. In my practice, chargeable time is an eight-minute increment, though other lawyers may bill in 15 or 30-minute increments. Some attorneys use minimum time requirements. If an email takes longer than a minimum number of minutes to respond to, they’ll charge for an hour of legal research. If an email takes less time, they may in some circumstances give that time away. Each firm should also have a policy for estimating litigation costs. We’re talking about litigation, not a trip to the bakery. Because I do not handle frivolous cases, my view is that all litigation requires an investment of money and time. In my experience, once an attorney files a lawsuit , the defendant will fight hard and long to avoid liability. An overview of such costs should be provided as part of the initial consultation. Additionally, the firm should be prepared to discuss alternate forms of billing, such as contingency fees, if, for example, the matter is a dispute over severance pay or unpaid wages.
During the initial consultation, the lawyer should also ask general questions about the facts of the case and take spiraling questions to causes, effects and what would make the client feel "right" were the attorney to resolve the issue to his or her satisfaction. To the extent that the lawyer is unfamiliar with the issues, they will communicate otherwise and tell the client to their face they will need to conduct further legal research.
The intent of the initial consultation is to ascertain whether you have a case that fits the lawyer’s experience and expertise. You should never base your decision on your chemistry with an attorney, though. All lawyers are flawed human beings with different ways of approaching legal problems. Lawyers are trained advocates who are trained to disagree and to challenge your ideas. If you disagree with every idea a lawyer shares at the initial consultation, voices are raised and tempers flare. That doesn’t mean you don’t have a case.
At the end of the consultation, the lawyer will typically ask if you have any questions. It is at that time you should ask all your most important questions. Finally, the lawyer should discuss next steps. If you’ve already pursued some remedies that were of no avail with management or human resources (or had your attorney pursues this on your behalf), the attorney may instruct you to file an EEOC or TCHR charge. If it is a simple unpaid wage issue or a clear and obvious case of discrimination, harassment or retaliation, the attorney may suggest immediately drafting a complaint, pre-litigation demand letters or settlement strategy memos for presentation to management.