Employee Rights - Employment Law - Legal F.A.Q.
Legal F.A.Q. for Stephen M. Murphy law offices website. We provide frequently asked questions and answers about our legal services for employee rights and employment law. Answers to the following questions can be found below:
- What happens after I contact your office about my potential legal matter?
- What about fees?
- What happens if you take my case?
- When should I contact your office about my potential legal matter?
After receipt of your email or telephone call, someone from our office will contact you to gather additional information. If appropriate, a complimentary initial consultation will be scheduled. If we decide to take your case, our attorneys will recommend a legal course of action based on the unique facts of your situation and any time constraints that may be involved.
All employment cases are taken by our firm on a contingency basis. This means you pay no attorneys' fees or case costs until your case is resolved by settlement, mediation, arbitration, or trial. If we decide to take your case, you will be required to sign a standard fee agreement specifying the percentage of your recovery which will be payable to us as attorneys' fees. This is usually 33.3% if you recover prior to litigation, and 40% if the case is filed in court.
Once we have decided to represent you and you have signed our fee agreement, we will immediately get to work for your employee rights.. The initial steps vary based on the type of case, whether there are any upcoming deadlines such as the expiration of the statute of limitations, and the legal strategy that our attorneys believe would be most effective. Although there are no "typical" cases, in most situations we begin by gathering relevant facts and documents such as your personnel file from your former or current employer, your medical records, and any documentation you may have in your possession.
In certain cases, we next initiate settlement negotiations to determine if the dispute can be resolved without litigation. If the case does not settle, we would typically file a civil action on your behalf and proceed with litigation. After litigation has begun, your case might still settle at mediation, arbitration, or as a result of further settlement discussions. If not, we will proceed with litigation up to and including trial.
You should contact our law office as soon as you feel you may require legal representation for a potential harassment, family medical leave, discrimination, or wrongful termination claim. There are several deadlines that can limit your time to take legal action. It is best to contact us as soon as you feel you might need an employment attorney to represent you, even if you have not been terminated yet. We will discuss your situation with you, and determine if we might be able to help.