Do I need a lawyer for a case against my employer?

This page helps you decide whether to hire a lawyer for a work problem in California. It is general information, not legal advice. For a full list of your rights, see Your rights at work, with or without papers.

Do I need a lawyer?

Often, no. California built several free systems so workers can act on their own. Sometimes, yes. Here is the short answer:

You can usually do it yourself when:

• You are owed wages. The Labor Commissioner says you do not need a lawyer for a wage claim.
• You were fired, cut or threatened for speaking up, and you file a retaliation complaint with the Labor Commissioner.
• You file a discrimination or harassment complaint with the Civil Rights Department.
• You are owed $12,500 or less and use small claims court, where lawyers cannot speak for either side.
• You need unemployment benefits. See Unemployment after being fired or quitting.

Think hard about a lawyer when:

• Your case is filed in a regular state or federal court (not small claims). Legal Aid at Work, a nonprofit, says to strongly consider a lawyer then.
• Your employer has a lawyer and you get legal papers.
• Your workers' compensation case is complicated or your benefits are denied.
• Your harm is large: lost job, serious injury, harassment that changed your life.
• A deadline is close and you are not sure which path to take.

Even when you do it yourself, a free clinic can check your plan first. We strongly suggest that step.

Which path fits my problem?

Deadlines can be different in your case. When in doubt, file early.

Does my immigration status matter?

Not for your rights. California law says its worker protections, rights and remedies apply to everyone who works in California, whatever their immigration status, except reinstatement to a job when federal law forbids it. The law also says immigration status is irrelevant to whether an employer broke the law (Labor Code 1171.5).

One limit to know for firing cases: the California Supreme Court held that federal law bars lost pay for the time after an employer finds out a worker is not authorized to work. Lost pay for the time before that can still be won (Salas v. Sierra Chemical Co., 2014). Pay you already earned for work you did is not affected. A lawyer can tell you how this applies to you.

• The Labor Commissioner does not ask about your status when you file a wage claim or complaint.
• The Civil Rights Department says California's job discrimination law protects workers regardless of status, and it does not ask.
• It is illegal in California for an employer to threaten to call immigration because you used your rights.

A good employment lawyer will ask what you want to win and tell you honestly what is possible. If you are worried about immigration, also talk with an immigration lawyer or a DOJ accredited representative.

How do employment lawyers get paid?

Contingency fee. Many employment lawyers take cases "on contingency." That means they get paid only if you win or settle. They take a percentage of what you get. Legal Aid at Work says the share is often 33% to 40%. If you lose, the lawyer is paid nothing for their time.

In California, a contingency agreement must:

• Be in writing, signed by you and the lawyer, and you get a signed copy
• Say the percentage
• Explain how case costs (like filing fees or experts) affect the fee and what you take home
• Say whether you could owe the lawyer for related work outside the agreement
• Say the fee is not set by law and can be negotiated

If the agreement breaks these rules, you can choose to cancel it, and the lawyer can then collect only a reasonable fee.

Workers' compensation is different. A workers' comp lawyer's fee is approved by the Workers' Compensation Appeals Board and taken out of your benefits. The state's notice form says these fees normally run 9% to 12% of the benefits awarded.

Sometimes the employer pays. Some California laws make an employer pay the worker's lawyer fees when the worker wins. For example, a worker paid less than minimum wage or denied overtime can sue for the unpaid amount, interest, lawyer fees and costs.

What does this look like in real life?

Example (made up to show the steps): Luis worked at a car wash in Redwood City. He was paid $1,400 less than the minimum wage over six months. When he complained, his boss cut his hours and said, "Maybe immigration should look at you."

1. Luis writes a timeline and gathers his pay stubs and texts.
2. He calls a free workers' rights clinic. They tell him a wage claim and a retaliation complaint do not need a lawyer, and that the retaliation deadline is about one year.
3. He files both with the Labor Commissioner.
4. A month later his boss fires him. Now his losses are bigger. He calls the county bar referral service, pays the $45 fee, and meets an employment lawyer for 30 minutes.
5. The lawyer offers a written contingency agreement. Luis takes it home, reads it in Spanish, and checks the percentage and costs before he signs.

Every case is different. The point is the order: write it down, get free advice, file what you can on your own, and bring in a lawyer when the stakes grow.

Will a lawyer take my case?

Maybe. Lawyers on contingency look at two things: how strong your case is, and how much money is at stake. A strong case with small losses can be hard to place, because the lawyer's share would be small. Claims against government employers can also be harder to place.

If a lawyer says no, ask why, and ask who else to call. A no from one lawyer does not mean you have no case. A free clinic or the Labor Commissioner may still be the right path.

How do I find an employment lawyer?

• A State Bar certified lawyer referral service. These services match you with a lawyer for your problem. In San Mateo County, the San Mateo County Bar Association service is at 650-369-4149. It charges a $45 nonrefundable fee, paid by card, for one referral and a consultation of up to 30 minutes. In Santa Clara County, the Santa Clara County Bar Association service is at 669-302-7803. It also charges a $45 nonrefundable fee, and the first 30 minutes with the lawyer are free. Ask whether they have employment lawyers and lawyers who speak your language. Outside these counties, use the State Bar's list of certified referral services for your area.
• A free clinic. Legal Aid at Work runs a free, confidential Workers' Rights Clinic for people within its income limits or age 60 and over, with help in Spanish, Mandarin, Cantonese and many other languages. Its East Palo Alto line is (415) 404-9093. Clinics can also refer you to private lawyers.
• A union or prepaid legal plan, if you have one through work.

Before you hire anyone, check that they are licensed. See How to check a lawyer.

What should I bring to the first meeting?

Bring copies, keep originals:

• A written timeline with dates
• Pay stubs, checks, bank or app records
• Texts, emails and letters with your employer
• Any write ups, firing letter, schedule changes
• Names and phone numbers of coworkers who saw what happened
• Any papers from an agency (Labor Commissioner, Civil Rights Department, workers' comp)
• Your questions (use the sheet below)

What should I ask the lawyer?

• Have you handled cases like mine? How did they turn out?
• Should I file with an agency first, or go to court?
• What is my deadline?
• What is your fee? Is it a contingency fee? What percentage?
• Who pays costs if we lose?
• Who will work on my case, and how fast will you answer me?
• Will my immigration status come up? How will you protect me?
• Can I have the agreement in my language to read before I sign?

What if I am unhappy with my lawyer?

You can end the relationship at any time, for any reason. Do it in writing and keep a copy. Ask for your file. If you disagree about the bill, ask about fee arbitration through the State Bar or a local bar. If a lawyer sends you a notice of your right to fee arbitration, you have 30 days to ask for it. If a lawyer acted unethically, you can file a free State Bar complaint. See How to find a lawyer you can trust.

Mistakes to avoid

• Waiting until the last month of a deadline to look for a lawyer
• Signing a contingency agreement you do not understand, or one not in writing
• Signing a settlement or "release" from your employer without advice
• Throwing away texts, pay records or schedules
• Paying a "consultant" or notario to handle a work case
• Thinking you have no rights because of your status

Questions people ask

Is a lawyer's first meeting free? Some are, some are not. Ask before you go. The San Mateo and Santa Clara County Bar referral services each charge a $45 fee that covers a consultation of up to 30 minutes.

Can I file a wage claim and also hire a lawyer? You can talk to a lawyer at any stage. Ask a clinic which path fits before you start two at once.

My boss offered money if I sign a paper. Should I? Not before you get advice. Papers like this often ask you to give up claims. A free clinic can read it with you and explain what you would be giving up.

Do I need a lawyer to fight back if my employer threatened to call immigration? Not to file a complaint. That threat is illegal retaliation in California, and you can report it to the Labor Commissioner. A lawyer can help if you want to go to court.

Who can help?

These are free public offices, nonprofit clinics and bar referral services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Legal Aid at Work, Workers' Rights Clinic: (415) 404-9093, East Palo Alto line. legalaidatwork.org
• California Labor Commissioner: wage claims and retaliation complaints. How to file
• Workers' comp Information and Assistance: 1-800-736-7401, weekdays. DWC I&A
• San Mateo County Bar Association Lawyer Referral Service: 650-369-4149. smcba.org
• Santa Clara County Bar Association Lawyer Referral Service: 669-302-7803. sccba.com
• More local help: Free help with a work problem in the Bay Area

Your work has value, and so does your voice. Help is closer than you think.

Is there a sheet I can print?