How Do You Bill for Employment Cases?

Frequently Asked Questions

What is a Contingency Fee Retainer?

A contingency fee arrangement pays the attorney a percentage of what you recover. You may have heard of the saying, “We don’t get paid unless you get paid.”  We use a sliding scale, that ranges from 33 and 1/3 – 40% of the total recovery.   Employment cases offer a fee-shifting contingency where the attorney is paid by the employer at the end of the case. Under this arrangement, clients may end up paying more than they would if paying a mixed-fee, hourly, or flat rate.  We have specific criteria to determine if a client’s case will qualify for a contingency-fee arrangement.

What is an Hourly Retainer Agreement?

An hourly retainer is just like the name suggests. An attorney is paid an hourly rate for their work. As the workflow in a client’s matter ebbs and flows so will the firm’s monthly charges.  The bills may be high one month and small the next.

What is a Flat-Fee Retainer?

A flat-fee retainer allows the client to pay a flat rate for legal services.  It guarantees the client will only pay a certain amount, no matter how long or short our representation lasts. We do not offer flat fees billing on all matters.

Does My Case Qualify for a Contingency Fee Retainer?

Your case must meet the following criteria to qualify for representation under a contingency fee retainer:

  • There is Clear Liability – An example would be documentation, multiple witnesses or a video recording of the employer’s illegal activity.
  • Shocking Conduct by the Employer – The employer’s conduct was so egregious it shocks the conscience.  An example may be a boss who says, “I don’t like members of the LGBTQ+ community, so you’re fired.”
  • No Negative Work History – The client has no prior history of problems at work.
  • The Client has Suffered Significant Damages –The client lost their job and earned a significant amount of money, or they suffered significant emotional distress that was documented by a medical professional.

Even if your case meets all of the above, it does not guarantee we will agree to a contingency fee retainer.  It also depends on our firm’s availability and caseload.

What is a Mixed-Fee Retainer Agreement?

Our mixed-fee retainer is a combination of our Flat-Fee or Hourly and Contingency Fee Retainer Agreements. Our client pays a modest flat fee up front or we agree to bill at a reduced hourly rate, and we collect a smaller contingency-fee compared to many other law firms if the case settles, or we win at trial.

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