How Much Does an Employment Discrimination Attorney Charge?

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Hiring an employment discrimination attorney after you have been fired may be more than a little intimidating. After all, you just lost your job. How will you afford a lawyer? And how much does an employment discrimination attorney charge, anyway?

In this blog I will explain Eisenberg & Baum’s contingency fee policy, and what it means for your workplace discrimination claim. I will also explain why contingency fees put your lawyers firmly in your corner, and how to make the most of your free initial consultation.

Lawyer Fees Come in Different Forms

Depending on your legal needs, you may be charged differently by different attorneys. Generally, there are four primary fee structures different lawyers use, and some lawyers use a hybrid of two or more of these structures:

  • Court Appointment. If you have a court-appointed lawyer (usually for criminal cases) you will often be required to pay the court a set, significantly reduced amount for your representation. The court is the one who pays the lawyer.
  • Flat Fees. Many transactional lawyers (who prepare documents) will use a flat fee system. They will charge you up front for the full cost of doing the work. You don’t pay any more or less no matter how much time the attorney takes on your case.
  • Hourly Fees. Litigation firms often charge their clients based on the hours spent on the case. This means the more work your lawyer does, the more expensive your attorney fees will be.
  • Contingency Fees. Some personal injury firms, employment attorneys, and other consumer lawyers use a contingency fee, where the law firm gets a percentage of your earnings out of any settlement or court award. The amount you pay is based on how much you receive, not the amount of work done.

How Contingency Fees Work

Under a contingency fee agreement there are no up-front costs to hiring a lawyer. You won’t have to borrow money to pay a large retainer or agree to installment payments that could span years. Instead, payment is “contingent” on your recovery. In other words, your lawyer doesn’t get paid until you do. When you enter into a settlement or the judge or jury returns a verdict in your favor, your lawyer is entitled to a percent of that winning (usually between 33% and 40%, depending on the nature of the case).

Before you sign a contingency fee agreement, make sure you know what is included. On top of the attorney fees, you may also be responsible for costs related to the development of you case. This could include the fees paid to expert witnesses. These amounts will often be taken out of the final award as well. But unlike attorney fees, costs may be due whether you win or lose. Make sure you know ahead of time whether you will be paying costs along the way, or waiting until the end of the case. Then make plans accordingly to make sure all your witnesses get paid.

Why You Want a Contingency Fee Lawyer

At Eisenberg & Baum, LLP, we always use a contingency fee for any kind of employment discrimination case. We do this because we think it is fair. It puts us on the same side as our clients, and makes sure we do everything we can to get them an award they can live with.

Unlike flat fees or hourly fees, a contingency fee arrangement makes sure the work we do is focused on bringing you the best outcome in your employment discrimination lawsuit. We are not tempted to cut corners or do extra work to make the most of our fees. Instead, everything we do is designed to develop your case and get you the most for your claim.

Contingency fees also ensure that you get a fair assessment of your case from day one. A lawyer who only earns money from an award isn’t going to agree to work on a case he doesn’t think will win. That means a contingency fee lawyer is more likely to give you an honest assessment of what she thinks your case is worth.

How to Use Your Free Initial Consultation

Most people don’t think of an initial consultation as a two-way interview, but it is. Especially if your attorney works on a contingency basis, the first meeting is all about getting to know each other and the case at hand. Here are a few things you can do to help make the most of that interview:

Get Your Paperwork Together

No lawyer will expect you to know how much your case is worth going in. But the more information you bring with you to the initial consultation, the easier it will be for the attorney to put a value on your claim. You may want to bring with you:

  • Wage and income information (like a pay stub or last year’s W-2)
  • Medical bills (related to the harassment or discrimination)
  • Letters regarding employment (like a termination letter)
  • Papers demonstrating discrimination (like emails or text messages with derogatory language)

Be Ready with Questions

An initial consultation always involves a lot of questions by the lawyer. They are designed to get to the heart of your case and determine its strengths or weaknesses. But the attorney shouldn’t be the only one asking questions. This is also your first opportunity to understand the process, so come with questions prepared. How the attorney answers your inquiries will tell you a lot about your case, and the people working on it.

The initial consultation is also the best time to make sure you understand your contingency fee arrangement. Your lawyer should fully explain how your fees and costs are paid, and what happens if you win or lose.

Personality Counts

No one gets along with everyone. So during your initial consultation, take a look at the way your lawyer acts and responds. Is this someone you want to work with for months, or even years? Personality counts at the negotiation table and in the courtroom. So before you sign a retainer agreement, make sure your lawyer is someone you can listen to and respect.

Get On Board With an Employment Discrimination Attorney

Contingency fees may be a little confusing on first glance, but they are the best way to ensure you and your employment discrimination attorney are on the same team. At Eisenberg & Baum, we will take the time during your free initial consultation to make sure you understand how your fee agreement works and how your case will progress. We will take the time to answer all your questions. So don’t wait for the situation at work to get worse. Contact us to schedule a free initial consultation today, and find out what your case is worth.

Fox News Reporters Gretchen Carlson, Andrea Tantaros File Sexual Harassment Lawsuits

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Fox News Sexual Harassment LawsuitsIf you are a skilled professional in a lucrative position, it may seem like sexual harassment could never happen to you. But recent lawsuits by reporters Gretchen Carlson and Andrea Tantaros against their former employer Fox News show that sexual harassment claims can happen in any industry, at any level.

In this blog post, I will review the sexual harassment complaint of Gretchen Carlson and news reports of the lawsuit of Andrea Tantaros. I will explain how sexual harassment claims can occur in any workplace, and what to do if it happens to you.

What Sexual Harassment Looks Like in Professional Spaces

When you think about sexual harassment, you may imagine a blue collar working environment filed with sexual innuendo, unwanted physical contact, and inappropriate advances. But that kind of behavior isn’t limited to the shop or the assembly line. Sexual harassment can happen anywhere, even in professional spaces.

Title VII of the U.S. Civil Rights Act prohibits all kinds of sexual harassment. At the federal level, that includes any unwelcome sexual advances, requests for sexual favors, and verbal or physical harassment. It also includes remarks about a person’s sex more generally. Before you can file a sexual harassment lawsuit under the federal law, the conduct must either result in an adverse employment decision (like firing, demotion, or refusal to hire), or amount to a pattern creating a hostile work environment.

Depending on where you live, you may be entitled to even more protection at the state and local levels. The New York City Human Rights Ordinance prohibits any discriminatory harassment or violence based on gender or sex. While verbal harassment still requires a pattern of behavior, the standard for when hostility is enough for a legal remedy is far lower.

In professional spaces and public-facing industries sexual harassment often happens behind closed doors. Forward advances are often paired with more subtle public-facing forms of discrimination, like the reassignment of duties, or dis-empowering statements. This can make it harder to show the pattern of discrimination needed to meet legal thresholds.

Gretchen Carlson’s Sexual Harassment Complaint Against Fox News

In July, 2016, reporter Gretchen Carlson publicly announced she was filing a sexual harassment suit against her former employer, Fox News and its chairman Roger Ailes. The complaint, which was filed on July 6, 2016 in the Superior Court of New Jersey, Bergen County, outlines a pattern of sexual harassment and retaliation by Ailes and fellow coworkers. The harassment culminated in Carlson’s contract not being renewed despite strong employment benchmarks. Carlson alleges that:

  • Ailes told her “I think you and I should have had a sexual relationship a long time ago and then you’d be good and better and I’d be good and better.” He added “sometimes problems are easier to solve” that way.
  • Ailes described Carlson as a “man hater” and a “killer” who was trying to “show up the boys”.
  • Ailes repeatedly made sexual advances toward Carlson, which she refused.
  • Ailes made inappropriate requests regarding her choices of clothing.
  • Carlson’s co-host, Steve Doocy created a hostile work environment by treating her in a sexist and condescending way on and off the air.
  • After Carlson complained about Doocy’s discrimination, Ailes retaliated against her by demoting her, reducing her pay, reassigning her to a less desirable time slot, assigning her fewer political interviews, and providing her less support than other reporters.
  • Carlson was ultimately fired on June 23, 2016, as a result of the discrimination and in retaliation for her complaints.

As often happens in wrongful termination cases, Fox News has stated that Carlson was fired for poor work performance. However, 21st Century Fox (the parent company for Fox News) launched an independent investigation that eventually caused Ailes to resign as chairman. The lawsuit is ongoing.

Andrea Tantaros Files Sexual Harassment Charges

Less than 6 weeks after Gretchen Carlson’s case hit the press, Fox News has found itself facing a second sexual harassment lawsuit, this time by former host Andrea Tantaros in Manhattan State Supreme Court. Tantaros is suing William Shine, who took over as co-president after Ailes resigned, and other top executives. Her suit echoes many of the same allegations raised by Carlson. Her complaint states:

“Fox News masquerades as a defender of traditional family values, but behind the scenes, it operates like a sex-fueled, Playboy Mansion-like cult, steeped in intimidation, indecency and misogyny.”

Tantaros asserts that Ailes acted with the support of many of Fox News’ senior staff, who allowed Ailes to silence her and others through systematic threats, humiliation, and retaliation.

What to Do If You Are Facing Sexual Harassment at Work

All together, 7 women have come forward alleging sexual harassment claims against Ailes over the past 30 years. If it can happen in a major news organization, it can happen anywhere. But if you aren’t a reporter like Carlson and Tantaros, it might be hard to know what to do about it. Here are a few suggestions:

  • Keep a log of sexual harassment activities. Whether it is in a notebook, a computer file, or even a pad of paper, a day-by-day account of what’s happening in your workplace can help show the pattern of behavior needed to make your case.
  • File formal complaints with HR. Remember that retaliation for reporting sex discrimination is prohibited under federal and local laws. Take a stand against the behavior so that your boss’s bosses know what’s happening.
  • Talk to a sexual harassment lawyer early. Don’t let ongoing workplace hostility chase you out of a job you love. An experienced discrimination attorney can help explain your options and push for changes in supervision and policy to protect you from future harassment.

Sexual harassment can happen in any office, no matter how big or how public. But you don’t have to suffer in silence. Contact our employment discrimination attorneys at Eisenberg & Baum LLC, to schedule a free consultation and let us help you find a way out.