Questions to Ask an Employment Lawyer
Questions to ask an employment lawyer at a first consultation about a problem at work, losing your job or a severance offer. The page is for people who have been fired and are working out what to ask a lawyer about wrongful termination, for people weighing a constructive dismissal case after a pay cut, a demotion or treatment that pushed them toward resigning, and for anyone still in the job who wants advice before the next move. The questions cover the lawyer's experience, your claim and its deadlines, fees and costs, what to do about your job in the meantime, and what settling would involve. Laws and time limits differ from place to place, so treat the notes as prompts for the lawyer, not as legal advice.
The questions
Each question, and why to ask it
Start here
Have you handled cases like mine before, and how did they usually end?
Why ask it
Employment law covers very different work, and a lawyer who mostly reviews severance agreements spends the week differently from one who takes discrimination or unpaid wage claims to a hearing. Ask how the similar cases ended (settled early, heard, withdrawn) rather than for a win rate, which depends on what a lawyer chooses to count.
Do you mostly represent employees or employers?
Why ask it
Either kind of practice can serve you well, and a lawyer who has defended companies knows how they weigh a claim. What you are ruling out is a firm that already advises your employer, which would have to turn you away, ideally before you have told it the whole story.
From what I have told you, do I have a case, and which parts of it are not worth pursuing?
Why ask it
The second half matters more. A useful answer names what to drop and why: treatment that was unfair but not unlawful, nothing in writing to support it, losses too small to justify the cost. If everything you describe looks strong to a lawyer at a first meeting, get a second opinion.
What deadlines apply, and has any of them already passed?
Why ask it
Time limits in employment matters are often short, and they are usually counted from a specific event such as the dismissal or the last unpaid wage, not from the day you understood what happened. Ask this in the first five minutes, because a missed deadline can end a claim whatever its merits.
How do you charge, and what is the rate or percentage?
Why ask it
Hourly billing, a flat fee, a contingency percentage and mixes of them are all used in this field, and each gives the lawyer a different stake in how long the case runs. Have the terms put in writing before any work starts, the first letter included.
The lawyer
How much of your practice is employment law, and how long have you been doing it?
Why ask it
Someone who takes a workplace case between house sales and wills may be learning the agency's procedures alongside you. Listen for a share of the workload, a number of years, and whether the most recent matters are the kind you have.
Have you come up against my employer, or the lawyers who usually defend them, before?
Why ask it
Prior dealings tell a lawyer how this employer tends to respond: a quick offer, a long fight, or silence until a deadline. The question doubles as a conflict check, so give the company's full legal name and any parent company.
How often do your cases reach a hearing or trial, and when did you last run one yourself?
Why ask it
Many employment disputes settle, so a small number of trials proves little either way. The point is whether the other side would believe this lawyer is prepared to go the distance, because that belief affects what they offer.
Do you have the time to take this on right now?
Why ask it
A capable lawyer with a full calendar can still let a file sit for weeks. Find out what else is on their desk for the next three months and who covers your deadlines if a trial in another case swallows them.
Who will do the day-to-day work on my file?
Why ask it
The lawyer in the first meeting is often not the one who drafts and calls. That is normal and usually cheaper, but you want the name, the rate and the point at which the senior lawyer becomes involved.
How will you keep me updated, and how soon should I expect an answer when I write to you?
Why ask it
Agree something concrete, such as a short update each month even when nothing has moved, and a named person to call when the lawyer is in a hearing. If the work is billed by the hour, check whether a two-line email reply appears on the bill.
Is what I say today confidential, and could my employer find out that I came to see you?
Why ask it
In many places a consultation is protected whether or not you go on to hire the lawyer, but have them say how it works where you are before you describe anything sensitive. The likelier leak is on your side: book and write from a personal phone and email account, since an employer may be able to read what passes through its own systems.
Which decisions stay with me, and which do you make?
Why ask it
The usual split is that you decide whether to file, settle or stop, and the lawyer decides how to run the argument. A good answer includes a promise that every offer reaches you, including the ones they think you should refuse.
What do you need from me for this to go well?
Why ask it
Lawyers tend to answer this with what has gone wrong before: clients who hid a fact, replied late, or contacted the employer on their own. The more specific the list, the more cases like yours they have probably seen through.
If you decide not to take this on, can you tell me why and who else I should speak to?
Why ask it
A declined case is information, not a verdict, and the reason matters: outside their specialty, too small to fund, or a real problem with the facts. Many lawyers will name someone better suited, and that name can be the most useful thing you take from a free consultation.
Your claim
Do I have to file with an agency or follow an internal process before going to court?
Why ask it
For some claims a complaint has to go to a government agency, a conciliation service or the employer's own procedure before a court will hear it, and skipping that step can bar the case. Ask who files it, what its deadline is, and whether starting it changes what your employer is allowed to do next.
Does the law cover someone in my position, given the size of my employer and whether I count as an employee or a contractor?
Why ask it
Protection can turn on headcount, on how long you have worked there, and on your status. The thresholds differ from place to place, and the label on your contract is not always the last word, so have the lawyer test it against how you really worked: who set your hours, who supplied the tools, who else you worked for.
I was fired. Is that a wrongful termination in the legal sense, or only an unfair one?
Why ask it
In many places an employer may end a job for a bad reason or for none, and a wrongful termination claim exists only where the reason, or the way it was done, is one the law or your contract forbids. Have the lawyer say which of those they see in your facts and which rule it would fall under where you live.
What reason did my employer give for letting me go, and does it matter if the story has shifted since?
Why ask it
Collect every version you have: what was said in the meeting, the termination letter, anything sent to a benefits office or a new employer. A reason that moves between them is something a lawyer will want to line up by date, and if you were given nothing in writing, ask whether you have a right to request it.
Does the timing of my firing matter, coming so soon after I complained, asked for leave or told them about a health condition?
Why ask it
Lawyers assessing a dismissal usually look first at the weeks before it. Mark those dates on your timeline next to the day you were fired, then ask how close together they need to be and what is needed besides timing, because a short gap on its own may not be enough.
Was my employer required to warn me, follow a procedure or give notice before dismissing me?
Why ask it
The answer can sit in your contract, a handbook, a union agreement or local law, and in some places none of them requires any of it. Take the handbook and any warnings you received, and ask whether a skipped step changes the claim or only the notice pay you are owed.
Apart from the claim, what am I owed right now, such as final wages, unused leave or notice pay?
Why ask it
These amounts are often separate from a wrongful termination claim and can carry their own, sometimes shorter, time limits. Check which can be chased straight away, who you chase them with, and whether accepting a payment could be read as settling anything else.
Where is my case weakest?
Why ask it
In an employment case the weak point tends to be something on paper: a poor performance review from before the dispute, a resignation that reads as voluntary, a complaint you never put in writing. You want to hear it from your own lawyer now, along with how they would deal with it, and not for the first time from the other side.
What is my employer likely to argue?
Why ask it
Hearing the other version early is unpleasant and useful. It shows you which facts you will need to evidence, and it prepares you for a written response that can read as a personal attack when it arrives months later.
What documents and records should I get to you, and what should I not go looking for?
Why ask it
Your contract, pay stubs and your own performance reviews are the usual starting point. Forwarding work emails to yourself or taking client files is where people get into trouble, because it can damage the claim and create a separate problem, so hear where the line is before you gather anything.
Which evidence held by my employer would make the biggest difference, and can we make sure it is kept?
Why ask it
The useful material is usually on their side: messages, schedules, pay records, or how other people in the same position were treated. Raise the question of whether a letter should go out telling them to preserve those records, and how soon.
Are there coworkers who could back me up, and should I approach them or leave that to you?
Why ask it
People who still work there have their own jobs to think about, and a clumsy approach can look like pressure on a witness. Bring a list of names with a line on what each one saw, then let the lawyer decide who is contacted, when and by whom.
Does my contract require arbitration, and how does that change what we can do?
Why ask it
An arbitration clause can move the case out of court, limit what becomes public and change the available remedies. Bring the contract to the meeting so this can be answered from the wording rather than from memory.
Has this happened to other people there, and would a group claim be stronger than mine alone?
Why ask it
A pay practice or a written policy usually applies to more than one person. A shared claim can spread the cost and add weight, but it also means less control over timing and settlement, so find out what you would gain and what you would give up by joining one.
What could I recover if this goes well: lost pay, compensation, anything else?
Why ask it
The categories depend on the type of claim and the place, and some are capped. Have each one explained with a rough figure beside it, so you can tell a claim worth a few weeks' pay from one worth far more before you commit to months of work.
If I claim for stress or the effect on my health, would my medical records come into the case?
Why ask it
Get whatever care you need regardless of the case. The legal point is that asking for compensation for distress can, in some systems, open your medical or counseling history to the other side, and you should hear how far back that reaches before deciding what to claim.
If I hired you today, what would you do first?
Why ask it
A letter to the employer, an agency filing and a quiet phone call to their lawyer are three different opening moves with different risks. The reasoning behind the choice shows you the strategy, and you should know before anything is sent that your employer is about to find out.
Fees
Is there a charge for this consultation, and what will I leave with?
Why ask it
Free, fixed-fee and hourly first meetings all exist, and a free one may be a short screening call that stops short of advice. Find out before the clock starts whether you will get an opinion on your claim or only a decision about whether the firm wants the case.
If this is on a contingency, is your share calculated before or after expenses?
Why ask it
The order of operations is the whole question. The same percentage can produce very different amounts in your hand depending on whether costs are deducted first, and this detail is easy to skim past in an engagement letter.
Does your percentage go up if the case is filed, goes to trial or is appealed?
Why ask it
Some contingency agreements step the percentage up at each stage. That can be reasonable, since the work grows, but it changes the arithmetic of a late settlement, so get the stages and the percentages written out side by side.
Do I pay a retainer up front, and what happens to whatever is not used?
Why ask it
A retainer can be a deposit held against future bills or a fee that is earned on payment, and the difference decides whether you get anything back. Ask where the money is held and how often you will see a statement of what has been drawn from it.
What costs would I owe if the case fails?
Why ask it
Filing fees, expert reports, transcripts and travel are often separate from fees and payable regardless of outcome. In some venues a losing party can also be liable for the other side's costs, so ask whether that risk exists where your case would be heard.
Can you estimate the cost of each stage, not only the total?
Why ask it
A single figure for the whole case is a guess, while a figure for the letter, the agency stage and the hearing can be checked as you go. Then agree that you will be told before any stage estimate is exceeded, and get that into the fee agreement.
Can my employer be made to pay my legal fees?
Why ask it
Some employment laws let a successful employee recover fees from the employer, and others leave each side paying its own. Where recovery is possible, the fee agreement should say how it interacts with a contingency: whether the lawyer takes the percentage, the awarded fees, or the larger of the two.
What happens to the fee if I change lawyers or decide to stop?
Why ask it
On an hourly basis you owe for the work done. On a contingency the first lawyer may keep a claim on any later recovery for the time already spent, which can make a second lawyer reluctant. Read the termination clause before signing, while leaving is still hypothetical.
Could I handle this myself, and at what point would I really need a lawyer?
Why ask it
Some agencies and tribunals are set up for people to file on their own, and on a small claim a lawyer's fee can take much of what you would recover. A candid answer says which steps you could do alone where you are, and names the point (a hearing, a settlement document, a counterclaim) where going without one becomes risky.
Could you help in a smaller way, such as reviewing one document or coaching me through a negotiation?
Why ask it
Limited help is common for severance reviews and for people still employed who want advice in the background. It usually costs much less than full representation and keeps the lawyer's name out of it until you choose otherwise. Not every firm offers it, so ask outright.
Could a union, a legal insurance plan or a free legal aid service cover any of this?
Why ask it
Cover sometimes sits in a union membership, a home insurance policy or a professional body's benefits, and some of it has to be claimed before a lawyer is formally hired, so read the terms first. If the lawyer sends you toward free help for a small claim, take that as an honest reading of what the case can support.
Your job
Should I keep working there while this runs, and what changes if I resign?
Why ask it
Resigning can weaken some claims and is a required step for others, and the order in which things happen matters. Do not decide this before you have asked, even if staying feels intolerable at the moment.
Things have changed so much that I feel forced to quit. Would that count as constructive dismissal where I am?
Why ask it
Constructive dismissal, called constructive discharge in some places, is a resignation the law treats as a firing because of what the employer did, and the bar for it is usually high. Describe the specific changes, such as a pay cut, a demotion, a relocation or sustained mistreatment, and ask which of them would meet the test there.
In a constructive dismissal case, what would I have to prove, and what evidence shows I had no real choice but to leave?
Why ask it
The person who resigned generally carries the job of showing why, so paper matters: the old terms and the new ones, the message announcing the change, your objections at the time. Find out what a court or tribunal locally would expect to see, and what you may properly keep a copy of.
How long can I carry on working under the new terms before it looks as if I have accepted them?
Why ask it
In some systems staying on without protest can be taken as agreement, while walking out at once can look as though the employer was given no chance to put things right. Ask what a safe window is under your local rules and whether stating in writing that you are working under protest keeps your position open.
If I do resign, what should the resignation letter say, and will you read it before I send it?
Why ask it
That letter tends to be the first document the other side quotes. One that thanks everyone and mentions a new opportunity sits badly beside a later claim that you were pushed out, so agree the reasons it states and how much detail it carries.
I have already resigned. Is a constructive dismissal claim still open to me, and which date does the time limit run from?
Why ask it
The clock may start on the day you gave notice, your last day, or the employer's act that prompted you to go, and the rule differs between places. Have the resignation letter with you, along with a note of what was said at any exit meeting, since both will be read for whether you left by choice.
What should I start doing, and stop doing, at work from today?
Why ask it
The stop list is usually practical: no talking about the case with colleagues, no posting about it, care with what goes through a work account. The start list is mostly a private, dated record of what is said and done, kept off the employer's systems. Ask too what to do if the company opens an investigation into you while this is live.
Am I allowed to record conversations with my manager or HR?
Why ask it
Whether you may record someone without telling them depends on where you are, and a recording made the wrong way can be unusable or even an offense. Check before you record anything, and mention anything you have already recorded so the lawyer hears about it from you first.
Should I raise this with HR in writing first, and will you help me word it?
Why ask it
An internal complaint creates a dated record, and in some claims the employer's answer turns on whether you used its process. Wording matters, because a complaint that names the legal problem can carry protections that a general grumble does not. Have the lawyer read the draft before it goes.
Can my employer punish me for raising this, and what should I do if it happens?
Why ask it
In many places penalizing someone for a protected complaint is a claim of its own, sometimes an easier one to prove than the original. Find out what counts where you are, and log every change to your shifts, duties, reviews or pay from the day you speak up, since the timing is often what such a claim rests on.
If I am called into a meeting about this, what should I say, and can someone come with me?
Why ask it
The right to bring a colleague or a union representative depends on the country, the type of meeting and whether you are in a union. Settle a plan in advance: what to answer, what to take away and think about, and how to ask for the questions in writing.
My employer has given me a severance agreement. Should I sign it, and what could be negotiated?
Why ask it
Bring the document, because the answer is in its wording. Signing usually ends your right to bring claims, and some places give you a set period to consider or withdraw, so check whether one applies to you. Money is only one term: the leaving date, the reference, benefits and any non-compete can often be discussed too.
Can I claim unemployment benefits while this is going on, and does it affect the case?
Why ask it
Eligibility after a resignation or a dismissal for alleged misconduct varies by place and is decided by a separate body. What you write on the benefits form about why the job ended may later be read by the other side, so keep it consistent with the claim.
Does my non-compete or confidentiality agreement limit where I can work next?
Why ask it
How far these clauses can be enforced differs sharply between places and sometimes between job types. Bring every agreement you signed, including the ones from your first week that you barely remember. A dispute can also be the moment to negotiate a release from the restriction.
How should I handle looking for a new job, and what do I say about why I left?
Why ask it
You may be expected to show that you tried to replace your income, so keep a simple log of applications and replies. The lawyer can also help you settle on one accurate sentence about your departure, because what you tell a new employer should not contradict what you say in the claim.
Outcomes
Realistically, how is this most likely to end?
Why ask it
Push for the likeliest ending, not the best one: a negotiated payment, a withdrawn claim, a hearing a long way off. Then find out what would push it toward a better or worse ending than that, and whether the likely result is bigger than the cost of getting there.
How long is something like this likely to take?
Why ask it
The answer is more useful in stages, since an agency's backlog, a court's calendar and the employer's appetite for a fight each add their own delay. It also helps to know now what the stretches with no news will look like, so that silence later does not read as neglect.
Is a negotiated exit or mediation realistic before anything is filed?
Why ask it
Plenty of disputes end in a conversation between lawyers and never reach an agency or a court. The details to pin down are what would bring your employer to the table, what mediation costs and who pays, and whether trying it uses up time against your filing deadline.
How would you work out what a fair settlement figure is?
Why ask it
There should be arithmetic behind the number: pay lost so far, pay likely to be lost, a discount for the risk of losing, and the cost of carrying on. Have the lawyer walk you through it once now, so that when an offer arrives you can judge it against something other than your mood that day.
If we settle, what am I giving up besides the claim?
Why ask it
Settlements commonly include confidentiality, a waiver of all claims including ones you have not identified, agreed reference wording, and sometimes a bar on working there again. Some of those are open to negotiation and some an employer puts in every agreement, and your lawyer should be able to tell you which is which.
Is settlement money taxed, and how much would I actually keep?
Why ask it
Tax treatment depends on the country and on what each part of the payment is for, and lost wages are often handled differently from other compensation. A lawyer may refer the detail to a tax adviser. What you want from this meeting is a rough figure after fees, costs and tax, since that figure is what you are really deciding about.
Would I have to testify, and would any of this become public?
Why ask it
Some people can absorb a public hearing and a cross-examination; others should weigh a private settlement more heavily. What goes on a public record, and at which stage, differs between agencies, tribunals and courts, and once your name is attached to a filing it is hard to take back.
Is keeping my job, or getting it back, a realistic goal?
Why ask it
Reinstatement exists on paper in many systems and is not always practical, partly because the working relationship has usually broken down by then. If staying is what you want, say so at the start, since it points toward quiet negotiation and away from a public filing.
If we win or settle, how and when does the money reach me?
Why ask it
Payment usually passes through the lawyer's client account, where fees and costs come off before your share is released. Check how long that takes, whether the employer can pay in stages, and what can be done if it pays late or goes out of business.
At what point would you tell me to walk away?
Why ask it
Listen for specifics: a document that undercuts the claim, costs passing the likely recovery, an offer that beats the realistic result at a hearing. If they can describe that point now, they are more likely to say so when you reach it.
Preparing for the consultation
Practical guidance for the conversation itself
Choosing what to ask
- A first consultation seldom has room for more than a dozen questions. Begin with the five under Start here, then choose from the group that matches your situation and keep the rest for a second meeting or an email.
- If you are still employed, the Your job group comes next, because what you do this month can strengthen or damage the claim. Its first few questions should not wait until after you have resigned.
- If you already have a severance offer or a document to sign, go to that question and the Outcomes group, and tell the lawyer the signing deadline before anything else.
- Leave the detailed Fees questions until the lawyer has said they would take the case, but finish them before you sign a fee agreement. Asking for the answers in writing is normal.
What to bring
- A one-page timeline with dates, names and what happened. It shortens the meeting, and a lawyer can assess a dated sequence far faster than a narrative.
- Your contract, any handbook or policy you were told applied, recent pay stubs, performance reviews, and the emails or messages that go to the heart of it.
- Anything you have already sent or signed: a written complaint, a resignation letter, a settlement offer, a document your employer asked you to sign quickly.
- Every agreement with your signature on it: non-compete, confidentiality and arbitration terms, plus any union membership or legal insurance details that might help with the cost.
For a wrongful termination or constructive dismissal case
- If you were fired, add the termination letter, any earlier warnings and the dates of whatever came just before: a complaint, a leave request, a change of manager. The wrongful termination questions in the Your claim group work from those dates.
- If you are thinking of resigning, try to see the lawyer first. The constructive dismissal questions in the Your job group are about what to put in writing and when, and most of them are easier to act on while you are still employed.
- If you have already left, write down the day you gave notice, your last day and the reason you gave at the time, in the words you used. A lawyer will ask for all three before giving a view.
During the meeting
- Ask about deadlines before you tell the whole story. If a time limit is close, everything else in the meeting has to be arranged around it.
- Describe what happened plainly, including the parts that make you look bad. Advice built on an edited version rests on facts the other side can disprove.
- Write down the fee structure as they describe it and compare it with the fee agreement afterwards. Any difference between the two should be raised before you sign.
Things that cause problems later
- Waiting. Time limits usually run from the event itself, and the evidence that is hardest to replace is the dated note nobody made at the time.
- Signing a severance or settlement document under time pressure. Get the signing deadline confirmed in writing and use whatever review period you are given.
- Taking confidential material with you as insurance. It can turn a straightforward claim into a dispute about your own conduct.
- Talking about an active case with colleagues or online. Those messages and posts can end up in front of the other side, and they rarely help.
Deciding whether to hire them
- Consult more than one firm if the matter is significant. First consultations are often free or low cost, and two assessments of the same facts can differ substantially.
- Weigh how clearly they explained the weak points. A lawyer willing to be discouraging at the start has given you more to go on than one who is enthusiastic before reading the contract.
- Notice how the firm handled this first contact: how quickly the meeting was booked, whether anyone had read what you sent, how soon a follow-up arrived. It is the only sample you have of how the next year would go.