Contingency Fees in Employment Law: When Do They Make Sense?

Sometimes, Achkar Law and our employment lawyers use something called a “contingency agreement” in specific cases. With this agreement, you don’t have to pay us for our work until we successfully get compensation or damages from your employer.

However, not all cases are suitable for contingency agreements. Some people hire us to force a specific action by the employer, such as negotiate new terms for continued employment. Here are some cases that we can work on contingency basis:

• Termination cases
• Severance negotiation and litigation
• Discrimination and Human Rights cases
• Sexual Harassment Cases

If you are in doubt, we can give you a phone evaluation if your case qualifies for contingency.

It will depend on the facts of the case.

Positives Using Contingency Agreements

The benefits are clear when you do not have to pay a lawyer up front. With losing your job or at the risk of losing it, the important thing is to keep food on the table for your family. With an agreement not to pay for the legal fees unless money is recovered, this means that you can enforce your entitlements and seek your rights without having to give up other needs in your life.

Here is a list of what you gain:

• Deferred payments
• More certainty
• Lawyers who are in the battle by your side

The negotiation and litigation process are subject to the negotiation strategy of the other side too – so you need lawyers who can use the litigation steps available to speed up the recovery of your entitlements.

Sometimes employers want to avoid litigation and offer to give up money in advance – other times, employers stand behind principles and would prefer to fight the matter out to the largest extent. For that reason, a contingency lawyer can remove some of the worry when it comes to the steps and costs associated with each step.

Potential Negatives of Contingency Agreements

There are some situations where the employer agrees to give up money quickly. This means, after one letter from our employment lawyers, we may be able to get you a good offer that you would consider taking. In those scenarios, the amount of work put in may be little in comparison with the legal fees recovered – and you may be in a better position had you paid by the hour for the work, and not a percentage of the amount recovered.

Conclusion

Contingency agreements, if available for your particular case, is a good option to seek and enforce your rights without having to risk your money upfront. That said, sometimes, it costs less to pay by the hour, than by a percentage of the settlement. The decision is ultimately up to you, but we can help make the decision easier.

Contact Achkar Law

If you are an employee who needs assistance with a workplace issue, our team of experienced workplace lawyers at Achkar Law can help.

Contact us by phone toll-free at +1 (800) 771-7882 or email us at [email protected] and we would be happy to assist.