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Process

Finding the Right Employment Attorney

Last reviewed: April 2026

What to look for and what to expect during your attorney search.

You want an attorney who represents workers — not the company. In legal terms this is called "plaintiff-side," but all it means is they fight for people like you.

Fee structures:

• Contingency — The attorney takes a percentage (typically 33-40%) of your recovery. You pay nothing upfront. Common for discrimination and retaliation claims.

• Hourly — You pay by the hour. More common for complex claims or when damages are uncertain.

• Free consultations — Many worker-side attorneys offer free initial consultations to review your situation.

What to look for:

• Specializes in employment law (represents workers, not companies)

• Experience with your type of claim (discrimination, retaliation, wage, etc.)

• Licensed in your state

• Positive reviews and track record

Questions to ask during consultation:

• What do you think the strengths and weaknesses of my situation are?

• What is your fee structure?

• How long do these claims typically take?

• What is the likely range of outcomes?

• Will you be handling my situation personally?

Where to find attorneys:

• NELA (National Employment Lawyers Association) directory — nela.org

• State bar association referral services

• EEOC may provide referral lists

• Personal referrals from trusted sources

Sources: NELA (National Employment Lawyers Association) at nela.org; attorney fee structures reflect standard worker-side employment law practice. Contingency fee percentages (33–40%) reflect common industry ranges but may vary by attorney and jurisdiction.

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This guide is for informational purposes only and does not constitute legal advice. Employment law varies by jurisdiction. Consult an employment attorney for advice specific to your situation.