Hiring a California Employment Lawyer: 7 Mistakes to Avoid
The following are some of the most common mistakes employees and employers make when hiring counsel for a California workplace dispute.
1. Waiting too long to obtain legal advice
You should take enough time to make a considered choice, but do not assume that every employment claim can wait. Different claims have different filing deadlines. Some cases require an administrative filing before a lawsuit, while an arbitration agreement, union grievance procedure, government-employee appeal, or severance offer may impose a much shorter deadline. Very few attorneys are available to help on short notice right before a certain important deadline expires, so you certainly don’t want to wait for the last moment to address your issue.
You do not necessarily need to retain the first attorney who calls you back. But if a deadline may be approaching, promptly determine what must be filed and by when. See this overview of statutes of limitations in employment cases.
2. Hiring the first lawyer without comparing experience and approach
Promptness and good communication matter, but it is only one factor. Employment law covers many different disputes, including discrimination, retaliation, disability accommodation, medical leave, unpaid wages, harassment, severance agreements, trade secrets, and executive compensation. A lawyer who regularly handles one category may have limited experience with another.
When speaking with a lawyer ask them to explain how the law applies to the facts of your situation, and what they see the strongest and the weakest parts of your case to be. This alone will often reveal to you whether the lawyer is knowledgeable enough and personable enough for you to work with. A useful consultation should include some discussion of risk. Be cautious if a lawyer promises a particular recovery before reviewing the evidence or does not identify any weaknesses at all in your case. Like in many other aspects of life – if something sounds too good to be true, but it probably is. And, those who overpromise, tend to underdeliver more often than not.
3. Choosing a lawyer based mainly on the lowest fee
Fees matter, but the cheapest lawyer is not necessarily the least expensive choice. A lower hourly rate or contingency fee percentage may not save money if the lawyer overlooks an issue or pursues a strategy that does not fit the value of the dispute, or simply turns out to be too busy to give your case the attention it needs.
Instead, compare the entire fee arrangement:
4. Relying too much on a website, advertising, or online reviews
A polished website shows that a lawyer has invested in marketing. It does not, by itself, establish judgment, experience, responsiveness, or skill in litigation. Online reviews can provide some insight but it is also limited. Clients may review lawyers based on whether they liked the outcome, even when the outcome was largely controlled by the facts or law.
More useful indicators include whether the lawyer:
- Explains the law in a clear and specific way;
- Has meaningful experience with similar disputes;
- Can discuss actual litigation and trial experience;
- Gives direct answers about risks, fees, and likely next steps; and
- Has written substantive material that demonstrates familiarity with the issues.
5. Withholding unfavorable facts or sending an unmanageable document dump
A lawyer cannot evaluate a case accurately without knowing the facts that the employer will use in its defense. Disclose performance problems, prior complaints, inconsistent statements, discipline, resignation discussions, relevant medical or leave history, social-media posts, and any documents that may hurt your case. It is much better for your lawyer to identify a challenge early than to discover it and be caught by surprise with it later in litigation.
At the same time, hundreds of unsorted emails and screenshots make an initial review less efficient. Begin with:
- A one-page chronology of the important events;
- Your job title, dates of employment, and most recent base and total compensation;
- The action taken against you and the reason the employer gave for that action.
- The reason you believe the action was unlawful;
- The most important supporting documents; and
- Any upcoming deadlines, hearings, response dates, or severance expiration dates.
This guide explains how to present a potential wrongful-termination case to a lawyer.
6. Focusing only on whether the employer acted unfairly
Not every unfair, harsh, or poorly managed workplace decision is unlawful. The central question is usually whether reliable evidence connects the employer’s action to a legally protected reason or activity, a contractual obligation, or a wage-and-hour violation.
Useful evidence may include:
- Emails, messages, or comments revealing the decision-maker’s motive;
- The timing between a protected complaint or leave and an adverse action;
- Shifting or inconsistent explanations;
- Favorable performance records that conflict with the stated reason;
- Different treatment of similarly situated employees; and
- Witnesses with firsthand knowledge.
A good lawyer should help distinguish conduct that is merely unfair from conduct that supports a viable legal claim. That distinction may save substantial time and expense even if the conclusion is that litigation is the recommended path forward.
7. Hiring a lawyer without discussing communication and decision-making
Many attorney-client problems arise from different expectations rather than the merits of the case. Before signing an agreement, clarify:
- Who will be your primary contact;
- How often you should expect updates;
- Whether communications will be by email, telephone, or a client portal;
- Who has the authority to communicate settlement demands and accept offers;
- Whether the lawyer needs advance approval before incurring significant costs; and
- What happens if either side wants to end the representation.
The client ordinarily decides whether to accept a settlement. The lawyer advises on strategy, value, cost, and risk. The relationship works best when those roles and expectations are clear at the outset.
Questions to ask before retaining the lawyer
By the end of the consultation, try to understand:
- What are the potentially viable claims and what are the potential challenges in proving those claims?
- What evidence is missing? What evidence can you try to obtain to make your case stronger?
- What deadlines require immediate action?
- Is the likely forum court, arbitration, an agency, or a union or administrative proceeding?
- What are the practical objectives? – continued employment, severance, settlement, unpaid compensation, reinstatement, or litigation?
- What costs can you expect?
- What outcomes are realistically possible, and what are the main risks?
The lawyer may not be able to answer every question, but you should leave the consult with a clearer understanding of your case and your options.
Frequently asked questions
Should I speak with a lawyer before complaining to HR?
Sometimes. If the issue is serious, termination appears likely, or the wording of the complaint may affect a later claim, a consultation beforehand can help. The complaint should be truthful, specific, and focused on the conduct at issue rather than unnecessary accusations.
Should I resign before speaking with a lawyer?
Usually not without first considering the consequences. A resignation can affect potential claims, damages, unemployment benefits, leverage, and how the employer characterizes your separation. There are situations in which resignation is appropriate, but it should be an informed decision.
Does a lawyer declining my case mean I have no claim?
Not necessarily. Lawyers consider merits, evidence, damages, collectability, workload, cost, and fit. But if several experienced employment lawyers identify the same weakness in your potential case, that feedback should be taken seriously, and chances are that your case is not worth pursuing legally, financially, or both.