10 Questions to Ask an Employment Attorney

An employment attorney plays a crucial role in helping employers build compliant employment practices and effectively handle employee disputes. By offering expert guidance on labor laws and regulations, these attorneys ensure that businesses adhere to legal standards, thereby minimizing the risk of costly litigation. 

Working with an employment lawyer not only helps navigate the complexities of employment law but also significantly lessens the stress for employers. With professional legal support, employers gain peace of mind, knowing they have a knowledgeable ally to manage potential issues and protect their business interests.

Finding the right attorney is essential because their expertise can tailor strategies to the specific needs of your business, ensuring comprehensive compliance and dispute resolution. Finding the right attorney is all about asking the right questions. We’ve got the 10 most important questions you should ask an attorney before hiring them.

Top questions to ask your employment lawyer

Before hiring an employment lawyer to work with you and your company, you’ll want to assess whether or not they’re a good experience and personality fit. We put together the 10 most important questions you should ask before hiring an employment lawyer. 

These questions will help you assess if someone is a good fit financially, personality, and experience to work on the employment issues you’re facing.

1. What are the most common employment law issues that companies in my industry face?

One place to start when assessing whether or not a lawyer is a good fit for your situation is by asking about the most common legal issues in your industry. This will help you to assess whether or not the lawyer has experience working on the issues you are most likely to face.

The most common employment law issues are around unlawful discrimination and wrongful termination. These might include violations of:

• Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991
• The Americans with Disabilities Act of 1990
• The Fair Labor Standards Act
• The Age Discrimination in Employment Act
• The Family Medical Leave Act of 1993
• Overtime pay
• Violations of due process
• Whistleblower claims
• Breach of contract
• Sexual harassment
• Fraud and negligent misrepresentation
• Occupational safety
• Intentional infliction of emotional distress

2. How can I ensure my company's employment policies are up-to-date with current federal, state, and local laws?

One of the things you’re assessing for when interviewing a lawyer you want to work with is whether or not they’re current on the newest employment laws.

This question will also help you to understand how they work and will ensure that your documents remain up to date as laws change over time.

3. How do you charge for your services?

Lawyers may charge in a variety of ways. You may pay a flat fee for the creation of documents or pay an hourly rate for legal defense. Understanding how your lawyer will charge will help you to create a budget in order to afford the help of an attorney.

4. What should we expect in terms of communication from your firm?

When working with a lawyer, you’ll want to be able to reach them for status updates and, as you need, new documents created. You’ll also want to make sure your communication styles are compatible. Asking about how they like to communicate, by email, phone, or text, and how often will ensure you’re finding someone you’ll work well with.

5. Can you walk me through your process of drafting an employment agreement?

One of the most common tasks employment lawyers will help with is drafting employment agreements. Asking this question will give you an understanding of how they work and the processes they follow.

6. What’s your approach to reviewing an employee handbook? Are there any key points you think my business needs to include?

A legally enforceable employee handbook is one of your main defenses against employment litigation from a former employee and other types of employee complaints. An employment rights attorney will know what must be included in your employee handbook and if there have been any updates to employment law that need to be included.

Asking this question will help you assess the lawyer’s knowledge and ability to stay up to date on law changes. You’ll also get an idea as to whether or not they’re knowledgeable of your industry. 

7. What is the best practice for documenting employee performance issues and terminations?

Bringing on a lawyer to be part of your team is about lowering your stress. Asking about how to document performance issues and termination will help you to better understand how to protect your business every step of the way. 

8. What types of training or resources do you offer to help companies ensure compliance?

Some lawyers and law firms will offer trainings that help companies stay in compliance of employment laws. These trainings help employers to learn about the laws and make updates on their own. These trainings can lower the overall cost for employers and increase knowledge of employment laws in the community. It can be beneficial to lawyers, employers, and employees.

9. What should we do if we receive a notice from the EEOC or another regulatory body?

The best lawyers are the ones who will know what to do in a crisis. Asking this question will help you assess whether or not your potential lawyer has a plan for when things go wrong. Understanding their plan can give you the confidence that you’re hiring the right person to work with.

10. What steps should we take to protect the business from potential employment discrimination claims?

Before you seek legal advice, you'll want to ask about their knowledge of employment discrimination. So much of what you’re trying to do by working with an employment lawyer is to protect your business. A lawyer should be able to walk you through some general tips to protect your business from lawsuits during an interview.

Ways an employment attorney can help protect your business

As a business owner, you want your business to last forever. One of the ways you can protect your business is through hiring an employment lawyer. There are many ways that they can have a positive impact on your business.

• Policy development and review: One of the main tasks an attorney can fulfill is creating and updating company policies and employee handbooks. This ensures that you’re always in compliance with current and updated labor laws.
• Employment contract creation: Employment lawyers can draft, review, and negotiate employment contracts. This might include executive agreements, non-disclosure agreements (NDAs), and severance agreements. This ensures that the company’s interests are protected and comply with legal standards.
• Compliance audits: Attorneys can conduct audits of current employment practices to identify areas of risk or non-compliance with laws such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and others.
• Training and workshops: They can provide training for management and HR staff on various aspects of employment law, including workplace discrimination, employee rights, and proper procedures for handling workplace grievances.
• Advice on termination and disciplinary actions: They can offer legal insight on how to minimize legal risk when terminating employees or taking disciplinary actions.
• Workplace investigations and claims: In cases of employee complaints or legal claims, employment attorneys can conduct thorough investigations to gather facts and defend the company effectively. They can also provide guidance on preventing and responding to claims of discrimination and harassment, helping to implement effective policies and training sessions that mitigate these risks.
• Representation in legal proceedings: Employment attorneys represent employers in disputes and legal proceedings, including negotiations, mediations, arbitrations, and trials related to employment issues.

How to find an employment law attorney

Working with an employment attorney isn’t just about hiring the first person you meet. You want to find a lawyer who is compatible with you and your company, who understands your goals, and who can work well with you and your team.

Here’s how you can find a lawyer with labor and employment law to work with your company:

1. Ask for recommendations: Check with your HR or legal teams to see if they have any recommendations, or ask fellow business owners in your industry.
2. Look for employment attorneys near you: Search through local law firms and check the board association for attorneys in your area.
3. Search LegalZoom’s online attorney directory: The easiest way to find a good employment attorney is through a directory, such as LegalZoom’s attorney directory. Simply choose your state and that you’re looking for an “employment and termination” lawyer to come up with a list of local, experienced attorneys.

FAQs

When should I consult an employment attorney?

There are many points in time where your business might need the support of an attorney. The most likely times you might want to consult an employment attorney include:

• When starting your business, so they can review your hiring practices for any discriminatory actions.
• When updating any employee handbooks or hiring information
• If you receive notification of a complaint

What is the cost of hiring an employment attorney?

The cost of hiring an employment attorney will vary and be dependent upon their experience and where you live. Attorneys can set their own hourly rate. They might also work with paralegals who charge a lower hourly rate and can do part of the work you need done, which would lower your overall cost.

How long do employment law cases typically take?

A legal investigation and case can take anywhere from a few months to years. If it’s an Equal Employment Opportunity Commission (EEOC) case on discrimination, you can expect that to take years.