How to Talk to an Employment Lawyer

When Should You Talk to an Employment Lawyer?

Many employees wait until a situation becomes a crisis before consulting an attorney — and that delay often makes things harder. You should consider consulting an employment lawyer when:

• You are experiencing or have experienced harassment, discrimination, or retaliation
• You have been terminated and believe it may have been wrongful
• You are being asked to sign a severance agreement
• You have filed an HR complaint and the situation hasn't improved (or has gotten worse)
• You are considering filing an EEOC charge
• You are already in an EEOC investigation
• You have been asked to participate in a workplace investigation that could lead to your termination
• You believe your employer has violated wage and hour laws

The earlier you consult, the better. An attorney can help you understand your options before you take any action that could harm your case.

How to Find an Employment Attorney

Good starting points include:

• State Bar Association referral services — most state bars operate lawyer referral services with employment law specialists
• NELA (National Employment Law Association) — a directory of attorneys who represent workers
• Legal aid organizations — if you have limited financial resources, local legal aid may be able to help or refer you
• Personal referrals — ask trusted people in your network

Look specifically for attorneys who focus on plaintiff-side employment law (representing employees, not employers). Many advertise free initial consultations.

What to Bring to Your Consultation

The more organized and documented you are, the more useful the consultation will be. Attorneys assess cases quickly — your documentation allows them to evaluate your situation accurately.

Bring or be ready to discuss:

• Your incident log — a chronological record of events with dates, times, and specific details
• Copies of relevant communications — emails, texts, Slack/Teams messages that support your account
• Performance reviews — especially any that changed following a complaint or protected activity
• Your employment contract or offer letter — if you have one
• Any severance agreement — if you were offered one, do not sign it before speaking with an attorney
• HR complaint records — what you filed, when, and the company's response
• Your pay stubs and W-2s — if compensation is an issue
• Company policies from the employee handbook — especially anti-harassment and complaint procedures
• A written timeline — a one-to-two page narrative of what happened and when

What to Say (and How to Say It)

The consultation is your opportunity to tell your story clearly. Be honest, specific, and stick to the facts. Attorneys handle sensitive situations regularly — you don't need to minimize, apologize, or frame events favorably. Just be accurate.

Start with: what you were doing (your job, your complaints, your protected activity), what your employer did in response, and what impact it had on your employment and wellbeing.

Useful opening frame: "I filed a harassment complaint on [date]. Within [timeframe], I experienced the following changes in my employment..." and then walk through your timeline.

Questions to Ask the Attorney

• Do I have a viable claim? What laws apply to my situation?
• What are the relevant filing deadlines for my case?
• Should I file with the EEOC or a state agency? Is there a difference in my case?
• What would you need to take my case?
• Do you work on contingency for cases like mine? (Most employment attorneys do for discrimination/harassment cases)
• What is the potential value of my case?
• What should I do — or not do — right now?
• Should I continue working there, or are there risks to staying?

What to Expect After the Consultation

After the consultation, the attorney will typically tell you whether they believe you have a viable claim and whether they want to take your case. Even if they don't take your case, the consultation may clarify your options and timeline.

Do not be discouraged if the first attorney you speak with doesn't take your case. Employment law is specialized — different attorneys focus on different types of cases. Keep your documentation organized and consult a second or third attorney if needed.

The Role of Documentation

Every attorney you speak with will ask about your documentation. Cases with detailed, contemporaneous records — incident logs, preserved communications, performance history — are significantly stronger than those relying on memory alone. Attorneys can more accurately assess your case and more effectively represent you when you have organized documentation.