Month: September 2015

Getting a Second Opinion About Your Employment Case

Getting a Second Opinion About Your Employment Case

If you are suffering from discrimination, sexual harassment, or wrongful termination, you are entitled to get a second opinion from an employment lawyer where or not a reasonable, legal mind could differ in the assessment of your case.

You should do this before you decide to fire your employment lawyer for one simple reason: if you find out that other lawyers agree with your lawyer’s assessment, you may want to reconsider before terminating your lawyer.

Please keep in mind that just because your lawyer thinks your case has weaknesses does to mean you have to give up and dismiss your case. You have the right to a lawyer you believe in in, but be sure you’re making the best decision for you and your case.

Always look for options and hire the best employment lawyer you can find.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

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Contingency Fees for Employment Lawyers

Contingency Fees for Employment Lawyers

For most employment cases, including discrimination, sexual harassment, and wrongful termination cases, the employment lawyer may take your case on a contingent fee basis.

A contingent fee is an agreed percentage, usually from 33% to 50% of the total amount recovered in the action, plus out-of-pocket costs, depending upon when the case is settled, whether awarded in court or negotiated through a settlement. With this type of arrangement, you will not owe the lawyer any fees and/or costs unless you receive compensation from your employer.

However, on some rare occasions, some employment lawyers may require a hybrid retainer fee wherein the client would pay a discounted hourly fee plus a contingency fee, although at a lower percentage than normal. This will apply in cases where the employer’s liability is very questionable. Another variation will be when the employment attorney would require the client to pay all out-of-pocket expenses as incurred.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

What to Expect at Your Initial Consultation with your Employment Lawyer

What to Expect at Your Initial Consultation with your Employment Lawyer

When you meet for your initial consultation with your employment lawyer, the lawyer will want to hear a brief summary of the following:
– a short description of the employer
– your rate of pay and hours worked
– key events in chronological order, with the dates
– names of individuals involved in setting your wages and hours
– names of coworkers who may have information about your particular wage and hour issue, and
– an estimate of the amount of wages and overtime pay that you believe your employer owes you.

You should also bring pay stubs or other documents that show your rate of pay and hours worked. You may want to request your personnel file and pay records from your employer before your meeting.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Your Initial Consultation With an Employment Attorney: What to Do

Your Initial Consultation With an Employment Attorney

After you have selected an employment attorney, you should set up an initial consultation with him or her.

This initial consultation may happen over the phone, or it may most likely take place in person. Either way, at this first meeting, you should evaluate the attorney to see if he or she is right for you and your case.

The attorney will also be assessing your case and whether you will be a good witness in your case. The most important factor, though, is to make sure you are comfortable with the employment attorney and can work effectively with him or her.

The lawyer will want to know the facts of your potential case in order to assess whether you have a case and how strong it is. So, prepare to present the facts in a clear way. A good idea is to prepare a timeline of relevant events in chronological order, including the names of individuals involved, including witnesses.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

How an Employment Lawyer Assesses an Employment Case: Attorneys Fees

Attorneys Fees

Some state wage and hour laws require the employer to pay the employee’s attorney fees if the employee wins.

It is also possible that a lawyer will offer to take your case on a contingent fee basis, which means the lawyer gets a percentage of any damages award recovered on your behalf. This can either be through settlement, litigation, or any other way to resolve the case.

Some attorneys will ask for an hourly fee. If your employment lawyer wants to be paid by the hour, you can limit the overall fee outlay by reaching an agreement with the lawyer for limited services. For example, if you just need a lawyer to guide you through the process of filing a claim for lost wages with your state labor department, you can limit the lawyer’s services to that task and keep the total hours to a manageable level.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

How an Employment Lawyer Assesses a Wage and Hour Case

Time is money

Time is money

Are you having disputes with your employer over your wage and hour? You may not be the only one.

An experience employment lawyer needs to assess the facts and issues to determine the employer’s liability.

An employment lawyer needs to be able to calculate the unpaid wages you are due. This includes regular time and overtime hours you worked, but for which you were not fully paid.

For instance, if you worked overtime hours but were paid only regular time wages, you are entitled to the overtime premium (talk to an employment lawyer about this). And, you may be entitled to pay for meal and rest breaks that your employer did not let you take. In order to calculate these losses, a lawyer will need certain things from you.

You can make the lawyer’s job of evaluating your case much easier as part of your initial consultation by gathering relevant documents and organizing information for the lawyer. The documents you may need are:
– pay stubs
– records of hours worked (including overtime hours)
– records of vacation time, and
– employer policies on overtime, wages, and breaks.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Sleep Time: What Constitutes Work Hours

Sleep Time

If you are required to be on duty at your place of employment for less than 24 hours at a time, the U.S. Labor Department allows you to count as payable any time that you are allowed to sleep during your shift of duty.

If you are required to be at work for more than 24 hours at a time — for example, if you work as a “live-in” housekeeper — you and your employer may agree to exclude up to eight hours per day from your payable time as sleep and meal periods.

However, if the conditions are such that you cannot get at least five hours of sleep during your eight-hour sleep-and-eat period, or if you end up working during that period, then those eight hours end up to being payable time.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Lectures, Meetings, & Training Seminars: What Constitutes Work Hours

Lectures, Meetings, & Training Seminars

Generally, if your employer requires you to attend a lecture, meeting, or training seminar, you must be paid for that time, including travel time if the meeting is away from the workplace.

The exception to this rule is that you need not be paid if all of the following are true:
• You attend the event outside of regular working hours
• Attendance is voluntary.
• The instruction session isn’t directly related to your job.
• You do not perform any productive work during the instruction session.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/