Employment Attorneys

Q: I’m owed overtime — what are my options?

You likely have a federal FLSA claim covering unpaid overtime, off-the-clock work, or being misclassified as exempt or as an independent contractor. State wage laws often run in parallel and can carry double or even treble damages. The FLSA lets you reach back 2 years (3 if the violation was willful), and it adds liquidated damages plus attorney fees on top.

Q: Is my non-compete enforceable?

It depends on where you work and what the agreement says. California, North Dakota, Oklahoma, and Minnesota largely ban non-competes. Illinois, Washington, Massachusetts, and DC restrict them by salary threshold. Most other states will enforce one — but only if it’s reasonable in scope and duration. The FTC’s 2024 nationwide ban is still in litigation, so don’t count on it either way.

Q: How much does an employment attorney cost?

Often nothing up front. Many employment cases run on contingency, typically 33%–40% of the recovery. Better still, the major statutes — FLSA, Title VII, FMLA, and the state human-rights acts — are fee-shifting, meaning the employer pays your attorney fees on top of your recovery if you win. Some lawyers offer a hybrid: a lower contingency percentage plus the statutory fee award.

Something happened at work that doesn’t sit right — a firing that came out of nowhere, a paycheck that never adds up, a manager who crossed a line. Employment attorneys handle discrimination, harassment, wrongful termination, retaliation, unpaid wages and overtime, misclassification, non-compete fights, severance review, family-medical-leave violations, and whistleblower claims. Here’s the part workers rarely hear: most employment statutes are fee-shifting, so if you win, your employer pays your attorney.

Can I be fired without a reason?

Usually, yes. Every state except Montana follows at-will employment, so an employer can fire you for a bad reason or none at all. What they can’t do is fire you for an illegal one — your race, sex, or another protected class; retaliation for protected activity; taking FMLA leave; reporting wage violations; refusing to break the law; or in breach of a written contract. The reason behind the firing is what matters.

How quickly do I have to file a discrimination charge?

Faster than most people expect. Federal claims under Title VII, the ADA, or the ADEA require an EEOC charge within 180 days of the last discriminatory act — stretched to 300 days in states with their own anti-discrimination agencies, which is most of them. Some state laws give you longer (California and New York both allow 3 years). Blow the deadline and the case is usually over before it starts.

What counts as a hostile work environment?

The legal bar is conduct tied to a protected class that’s severe or pervasive enough to change the conditions of your employment. A single rude comment rarely gets there. A pattern does — repeated slurs, threats, physical conduct, or ongoing sexual harassment that poisons the workplace. Courts ask two questions: would a reasonable person find it hostile, and did you actually experience it that way? Both have to be yes.

I’m owed overtime — what are my options?

Is my non-compete enforceable?

How much does an employment attorney cost?

Why Do You Need a Employment Attorney?

Nearly every American worker is employed at-will, which means you can be let go for any reason — or no reason at all. What your employer cannot do is fire you for an illegal reason. Firing someone over race, sex, age, religion, disability, pregnancy, or national origin breaks the law. So does punishing a worker for reporting misconduct, asking for an accommodation, or demanding wages they’re owed. And wage theft — unpaid overtime, off-the-clock work, getting labeled an independent contractor or “exempt” when you’re not — is illegal too. The hard part isn’t knowing something was wrong; it’s proving it. That takes documentation, careful timing analysis, and procedural moves most workers have never had to make. Worse, federal claims usually require an administrative charge within 180–300 days — a clock that often runs out before someone even realizes they had a case. An employment attorney sizes up the claim, gets the charge filed in time, and — because most of these statutes are fee-shifting — collects from the employer if the case prevails.

Federal Anti-Discrimination

The backbone is Title VII (42 U.S.C. § 2000e), which bars discrimination based on race, color, religion, sex, and national origin. The ADEA protects workers 40 and older, the ADA covers disability, and the PDA covers pregnancy. One catch: federal claims start with an EEOC charge, due 180 days after the discriminatory act — or 300 days in states that have their own agencies.

State Human-Rights Acts

Don’t overlook state law — every state has its own anti-discrimination statute (California FEHA, New York Human Rights Law, Massachusetts Chapter 151B, Texas Chapter 21, Illinois IHRA, New Jersey LAD, and more). Many reach smaller employers than Title VII does and protect additional classes like sexual orientation, gender identity, marital status, and off-duty conduct.

Fair Labor Standards Act (FLSA)

The FLSA (29 U.S.C. § 201 et seq.) sets the federal floor for minimum wage, overtime, and child labor. Hours past 40 in a week must be paid at 1.5× your regular rate. State wage laws often go further — higher minimum wages, tougher exemption tests, and required meal and rest breaks.

Family and Medical Leave Act (FMLA)

Under the FMLA (29 U.S.C. § 2601 et seq.), eligible workers get 12 weeks of unpaid, job-protected leave for a serious health condition, bonding with a new baby, or military family needs. It applies at employers with 50+ employees within 75 miles. Some states go further with paid leave and broader coverage — California CFRA, New York PFL, and Massachusetts PFML among them.

Non-Compete Enforceability

Whether your non-compete holds up depends almost entirely on which state you’re in. California, North Dakota, Oklahoma, and Minnesota largely ban them outright. Illinois, Washington, Massachusetts, and DC limit them by salary threshold. The FTC tried to ban them nationwide in 2024, but that rule is tied up in litigation and its status keeps shifting.

Typical Attorney Fee

33% contingency — no fee unless you win

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.

Most employment lawyers across the country take cases on contingency — typically 33% to 40% — and because most employment statutes shift fees, the employer pays your attorney’s fees if you prevail. A common arrangement is a hybrid: a reduced contingency percentage combined with the statutory fee award. Firms usually advance case costs along the way. For severance review or non-compete defense, flat-fee or hourly billing is often available instead.

What Can Your Employment Compensation Include?

Back Pay

Everything you would have earned between the discriminatory act — the firing, demotion, or denied promotion — and judgment, including benefits and lost equity. In most employment cases, this is the biggest number on the board.

Front Pay

When going back to the job isn’t realistic, courts award future wages instead — measured against how long you likely would have stayed had the discrimination never happened. Vocational economists frequently testify to pin down the right duration.

Compensatory Damages

Compensation for emotional distress, mental anguish, and damage to your reputation. Title VII caps these federally by employer size ($50,000–$300,000), but many state laws have higher caps or none — California and New York effectively impose no compensatory cap.

Liquidated and Multiple Damages

Statutory multipliers can transform a case. The FLSA automatically doubles wage recoveries as liquidated damages; willful ADEA violations double; the New Jersey CFA trebles; the Massachusetts Wage Act trebles. These state multipliers are often the plaintiff’s biggest source of leverage.

Punitive Damages

Title VII allows punitives where the discrimination was malicious or reckless, though they share a combined cap with compensatory damages. Some state human-rights acts set higher caps or none at all. The ADEA, by contrast, doesn’t permit punitive damages.

Attorney Fees and Costs

Title VII, the FLSA, ADEA, ADA, FMLA, and the state human-rights acts all shift fees — the losing employer pays the prevailing worker’s attorney. That’s what makes smaller claims viable when pure contingency math wouldn’t work.

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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