My former coworker Sarah got fired on a Tuesday afternoon. Her manager walked into her office, said the company was "going in a different direction," handed her a box, and had security escort her out of the building within 30 minutes.
Sarah had been with the company for seven years. She'd received strong performance reviews every single year. The "different direction" started three weeks after she filed an internal complaint about her supervisor making repeated comments about her age. She was 52.
She almost didn't call a lawyer. She figured that since her state was "at-will," the company could fire her for any reason. That's technically true, but with a massive exception: they can't fire you for an illegal reason. And firing someone shortly after they report age discrimination is textbook retaliation.
Her employment attorney filed a complaint with the Equal Employment Opportunity Commission (EEOC). The case settled for more than a year's salary, plus attorney fees. But beyond the money, what mattered to Sarah was that she stood up. She made the company answer for what they did.
TL;DR: Employment lawyers handle wrongful termination, workplace discrimination, sexual harassment, wage theft, retaliation, and contract disputes. "At-will" employment doesn't mean your employer can fire you for illegal reasons like discrimination or retaliation. Many employment attorneys work on contingency or offer free consultations. File EEOC complaints within 180-300 days of the discriminatory act. Document everything.
What an Employment Lawyer Actually Handles
Employment law covers the legal relationship between employers and employees. It's broader than most people realize. Here's what falls under this umbrella.
Wrongful termination. Getting fired for an illegal reason, such as discrimination, retaliation for reporting illegal activity (whistleblowing), retaliation for filing a workers' comp claim, or breach of an employment contract.
Workplace discrimination. Federal law prohibits employment discrimination based on race, color, religion, sex (including pregnancy and gender identity), national origin, age (40 and older), disability, and genetic information. Many states add protections for sexual orientation and other categories.
Sexual harassment. Both quid pro quo harassment (demands for sexual favors in exchange for job benefits) and hostile work environment (pervasive unwelcome conduct of a sexual nature that interferes with your ability to do your job).
Wage and hour violations. Unpaid overtime, minimum wage violations, misclassification of employees as independent contractors, unpaid commissions, and illegal tip pooling.
Retaliation. Being punished for exercising your legal rights, including reporting discrimination, filing a safety complaint, requesting medical leave, or participating in an investigation.
Employment contracts and severance. Review and negotiation of employment agreements, non-compete clauses, severance packages, and separation agreements.
Family and medical leave violations. The FMLA entitles eligible employees to 12 weeks of unpaid, job-protected leave per year for serious health conditions, birth or adoption, or caring for a family member with a serious health condition.
Understanding "At-Will" Employment
Most American workers are employed "at-will," meaning either the employer or employee can end the relationship at any time, for any reason, or no reason at all. This concept scares people into thinking they have no rights. That's wrong.
At-will employment has several important exceptions. Your employer cannot fire you based on a protected characteristic (race, sex, age, religion, disability, etc.). They can't fire you in retaliation for reporting illegal activity or exercising legal rights. They can't fire you in violation of an employment contract. They can't fire you for refusing to commit an illegal act. And in some states, they can't fire you in violation of an implied promise of continued employment.
The key question isn't whether you were fired. It's why you were fired. If the real reason falls into a protected category, you may have a valid claim regardless of what reason your employer gives on paper.
Signs You Need an Employment Lawyer
You Were Fired After Reporting Discrimination or Safety Issues
Timing tells a story. If you get terminated within days or weeks of filing a complaint (internal or external), that proximity is strong evidence of retaliation. An employment attorney can evaluate whether the timing and circumstances support a legal claim.
You're Experiencing Ongoing Harassment
If you've reported harassment to HR or management and the behavior hasn't stopped, or if the company has failed to investigate your complaint, it's time for outside legal counsel. Companies have a legal duty to address harassment complaints. Failing to do so creates liability.
You Were Denied a Raise, Promotion, or Job Based on a Protected Characteristic
Pay discrimination, promotion bias, and discriminatory hiring practices are illegal under federal law. An attorney can help you gather evidence and determine whether you have a claim under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, or state equivalents.
You're Not Being Paid Correctly
If you're working overtime but not getting overtime pay, or being paid below minimum wage, or having deductions taken from your paycheck that shouldn't be there, a wage and hour attorney can recover your unpaid wages plus penalties.
You Were Asked to Sign a Severance Agreement
Never sign a severance agreement without having an employment lawyer review it first. These agreements typically include a release of claims, meaning you give up your right to sue. An attorney can evaluate whether the severance offer is fair, negotiate better terms, and identify any claims you'd be waiving.
Your Employer Violated Your FMLA Rights
If you were denied legally entitled medical leave, had your position eliminated while on approved leave, or faced retaliation for taking FMLA leave, those are actionable violations.
How to Document Your Case
Employment law cases live and die on documentation. Start building your record now.
Save everything in writing. Emails, text messages, Slack messages, performance reviews, company policies, your job description, and any written communications related to the issue. Save copies to a personal device or account outside your employer's systems.
Keep a written log. Record dates, times, locations, what was said, who was present, and how you felt. Be factual and specific. "On March 12, during a team meeting with five colleagues present, my supervisor said 'we need younger energy in this department'" is much stronger than "my boss makes age comments."
Document your performance. Save positive performance reviews, commendations, awards, and any evidence of strong work performance. These counter the narrative that your termination was performance-based.
Preserve witness information. Note the names and contact information of coworkers who witnessed discriminatory conduct, harassment, or retaliation. They may become important witnesses.
Follow internal procedures first. File complaints through your company's official channels (HR, ethics hotline) and document that you did so. Following internal procedures demonstrates good faith and strengthens your position.
How Employment Attorneys Get Paid
Fee structures in employment law vary by the type of case.
Contingency fees are common in discrimination, harassment, and wrongful termination cases. The attorney takes a percentage (typically 33-40%) of any settlement or verdict. You pay nothing upfront and nothing if you don't win.
Hourly billing is more common for contract review, severance negotiations, and advisory work. Rates vary widely based on experience and market, from $200 to $500+ per hour.
Hybrid arrangements combine a reduced hourly rate with a smaller contingency percentage.
Many employment attorneys offer free initial consultations to evaluate whether you have a viable case before any financial commitment.
Filing an EEOC Complaint
The Equal Employment Opportunity Commission (EEOC) enforces federal employment discrimination laws. In most cases, you must file a charge of discrimination with the EEOC before you can file a lawsuit.
The deadline matters. You generally have 180 days from the discriminatory act to file with the EEOC. If your state has its own anti-discrimination agency, that deadline may extend to 300 days. Missing this deadline can permanently bar your claim.
The process. After filing, the EEOC investigates your charge. They may attempt mediation, conduct interviews, and request documents from your employer. The investigation can take several months to over a year.
Right to Sue letter. After the EEOC completes its investigation (or if you request one after 180 days), you'll receive a "Right to Sue" letter that allows you to file a federal lawsuit. You typically have 90 days from receiving this letter to file suit.
An employment attorney guides you through every step of this process and significantly increases your chances of a favorable outcome.
Connecting Employment Law to Other Legal Needs
Employment disputes frequently intersect with other areas of law. If your employer retaliates against you for filing a workers' compensation claim, an employment lawyer works alongside your workers' comp attorney. If workplace stress or injury triggers a disability, your estate planning documents need to be current to protect you during any period of incapacity. And if a criminal charge arises from a workplace incident, your criminal defense lawyer and employment attorney need to coordinate.
10 Key Facts About Employment Lawyers
- "At-will" employment does not mean your employer can fire you for illegal reasons like discrimination or retaliation
- Federal law prohibits discrimination based on race, sex, age (40+), religion, disability, national origin, and genetic information
- You generally have 180-300 days to file an EEOC discrimination complaint, depending on your state
- Many employment attorneys work on contingency (33-40%) for discrimination and wrongful termination cases
- Retaliation claims (being punished for reporting illegal activity) are the most common type of EEOC charge filed
- Severance agreements typically require you to waive your right to sue, so never sign without legal review
- The FMLA entitles eligible employees to 12 weeks of unpaid, job-protected leave per year
- Wage theft costs American workers billions annually through unpaid overtime, minimum wage violations, and misclassification
- Documentation is the foundation of employment law cases. Save emails, reviews, and written records outside employer systems.
- Free consultations are standard practice among employment attorneys evaluating potential discrimination and termination claims
FAQ
Can I sue my employer for wrongful termination? You can if you were fired for an illegal reason, such as discrimination, retaliation for protected activity, breach of an employment contract, or refusal to commit an illegal act. "At-will" employment doesn't protect employers from termination based on illegal motives. An employment attorney can evaluate whether your circumstances constitute a viable legal claim.
How much does an employment lawyer cost? For discrimination and wrongful termination cases, many attorneys work on contingency (33-40% of recovery) with no upfront cost. Contract reviews and severance negotiations typically bill hourly at $200-$500+. Free initial consultations are standard for evaluating case viability.
What is the EEOC and do I need to file with them? The Equal Employment Opportunity Commission enforces federal employment discrimination laws. In most cases, filing an EEOC charge is a required step before you can file a federal discrimination lawsuit. Your attorney handles the filing and guides you through the investigation process.
How long do I have to file a workplace discrimination claim? Generally 180 days from the discriminatory act for federal claims, extending to 300 days if your state has its own anti-discrimination agency. These deadlines are strict. Consult an employment attorney promptly to preserve your rights.
Should I talk to HR before hiring a lawyer? Following internal complaint procedures is generally recommended because it demonstrates good faith and may be legally required by your employer's policies. However, remember that HR works for the company, not for you. Document your HR interactions carefully and consult with an attorney if the internal process doesn't resolve the issue.
What if my employer misclassified me as an independent contractor? Misclassification is a serious violation that can deny you overtime pay, health benefits, unemployment insurance, and workers' compensation protection. An employment attorney can file claims to recover unpaid wages and benefits and may pursue penalties against the employer.