At Falls Legal we often receive questions from employees about various types of employment law issues.  These questions generally involve an employee who is experiencing a problem at work.  I find that preparing potential clients for the types of information we need to know and questions that they should ask is beneficial for everyone.  So here goes…..

1)  Don’t use legal terms of art such as “hostile work environment,” “wrongful termination,” or “retaliation.”

We often receive calls from employees who feel they have been “wrongfully terminated.”  “Wrongful termination,” “hostile work environment,” and “retaliation” are legal terms with very specific definitions associated with each.  Only after you have spoken with a lawyer, will you be able to determine whether your case falls into one of these categories.  For some previous blog posts  regarding hostile work environment, retaliation, and wrongful termination, click here.

2)  Call Multiple Lawyers

It is often a good idea to call multiple lawyers before selecting a firm to assist you with your employment matter.  Sometimes you should call other lawyers to see if they will handle your case for a different type of fee (contingency, hourly, etc.)  Other times you should call different attorneys to see if they disagree with the analysis and have other theories on your case.  Sometimes you should call other lawyers just because you did not get a good feel from the first lawyer’s office you called. We are happy to make referrals to other employee representation attorneys in the area if we cannot handle your case.

3)  Be Honest

No case is perfect and we understand that.  In order for us to fully assess your case, we need to know what the employer is going to say.  In fact, I always ask potential clients “what is the employer going to say their reasoning for the action is?”  Many times, the employee will know or have a good idea.  If you have had performance issues, suspensions, or are presently on a performance plan, I need to know that.  An attorney cannot protect you from things that he or she does not know.  If you are honest and acknowledge the weaknesses in your case, this assists in determining the best strategies to help you combat these issues.  For example, if you are having performance issues at work but other employees that are not in your protected category are also having these issues and being treated more favorably, that might have an impact on your case.

4)  Talk About Your Proof

We need to know about any paperwork, witnesses, or other evidence you have that supports your claim.  If you have a contract or Employee Handbook, we will need to see that.  If you have emails that are relevant, we will need these as well.  The names and contact information of potential witnesses are also helpful.

5)  Understand That The Process Is Slow

Employment law cases are special because, in many situations, you must first file a complaint with the EEOC before you can file a lawsuit in open court.  There are strict timeframes for doing so.  The EEOC process can take up to a year before you are even able to file in court.  If your case proceeds to court after the EEOC investigation is complete, that can take 1-2 more years.  There are some cases where the employer is willing to discuss an early resolution to the case but those cases are rare exceptions.

In sum, if you are having an employment related issue at work, you should proactively reach out to multiple South Carolina employment law attorneys to determine whether it is beneficial to proceed with some type of claim.  When you do so, be honest, lay out the facts in a concise manner, tell us what the employer is going to say, and give us a synopsis of your proof.  Also, understand that not all unfair treatment at work is legally actionable.  There are many times in which an employer is treating an employee in an unfair manner but it is not necessarily illegal treatment.