Key Takeaways
- Contingency Fees Are Common: Many employment lawyers take cases on contingency—you pay nothing upfront, and the lawyer takes a percentage of your recovery if you win.
- Fee-Shifting Laws Help: Federal employment laws often require employers to pay attorney's fees when employees win, which can reduce or eliminate your out-of-pocket costs.
- Free Consultations Are Standard: Most employment lawyers offer free initial consultations to evaluate your case.
You've been wrongfully terminated, or harassed at work, or cheated out of wages you earned. You know you need a lawyer. But you're already dealing with lost income—how can you possibly afford one?
Good news: the way employment law works, you probably can.
How Employment Lawyers Typically Charge
Contingency Fees
Most employee-side employment lawyers work on contingency for wrongful termination, discrimination, harassment, and retaliation cases. Here's how it works:
- No upfront cost. You don't pay the lawyer to take your case.
- The lawyer takes a percentage of your recovery. Typically 33-50%, depending on case complexity and whether the case settles early or goes to trial.
- If you don't win, you don't pay attorney's fees. The lawyer assumes the risk.
This structure exists because employment plaintiffs are often unemployed and can't afford hourly rates. Contingency makes legal representation accessible to people who couldn't otherwise afford it.
Hourly Rates
Some employment matters—reviewing severance agreements, advising on workplace disputes, representing employers—are billed hourly. Rates vary widely based on experience and location, typically ranging from $200-$500+ per hour in Oklahoma.
For employees with limited resources, hourly billing is usually only used for discrete tasks (like reviewing a single document), not full representation in litigation.
Hybrid Arrangements
Some lawyers use hybrid models—a reduced hourly rate plus a smaller contingency percentage, or a retainer plus contingency. These can work well when the case has value but the outcome is less certain.
Fee-Shifting: When Employers Pay Your Legal Fees
Here's something many people don't realize: federal employment laws often include "fee-shifting" provisions that require the losing employer to pay the winning employee's attorney's fees.
Laws with fee-shifting include:
- Title VII (discrimination)
- The ADA (disability discrimination)
- The ADEA (age discrimination)
- The FLSA (wage and hour)
- Section 1981 (race discrimination)
- The FMLA (retaliation for taking leave)
When employers know they'll have to pay your attorney's fees on top of your damages, it creates powerful settlement incentives. It also means your lawyer may recover fees separately from your damages, leaving more of your recovery in your pocket.
Not all cases trigger fee-shifting, and fee awards aren't guaranteed. But this is a significant factor in employment litigation economics.
What Affects the Cost?
Case Strength
Lawyers working on contingency evaluate cases carefully before taking them. Stronger cases—with clear liability, solid evidence, and significant damages—are more likely to be accepted. Weaker cases may require different arrangements or may not be economically viable for either party.
Case Complexity
Complex cases involving extensive discovery, expert witnesses, and lengthy trials cost more to litigate. This affects contingency calculations and may impact what percentage the lawyer needs.
Damages at Stake
The potential recovery matters. A case seeking $500,000 in damages justifies more investment than a case seeking $20,000. Some small-value cases are still viable due to fee-shifting, but the economics matter.
Costs vs. Fees
Attorney's fees (what you pay the lawyer for their time) are separate from litigation costs (filing fees, deposition transcripts, expert witnesses, etc.). Contingency arrangements typically cover attorney's fees, but you may be responsible for costs—though many lawyers advance costs and recover them from the settlement.
Clarify how costs are handled before signing any fee agreement.
Questions to Ask During Consultation
When meeting with an employment lawyer, ask:
- Do you take cases on contingency?
- What percentage do you charge?
- Does the percentage change if the case goes to trial?
- How are litigation costs handled?
- What fee-shifting provisions might apply to my case?
- What's your estimate of my case's value?
- What are the likely timelines?
A good lawyer will answer these questions directly. Fee structures shouldn't be mysterious.
Free Consultations
Most employee-side employment lawyers offer free initial consultations. This typically involves:
- Reviewing your situation
- Assessing whether you have a viable claim
- Explaining the legal process
- Discussing fee arrangements
There's no obligation, and you should consult with multiple lawyers before deciding who to hire. Fit matters—you'll be working together for months or years.
When Lawyers Decline Cases
Not every case gets accepted on contingency. Common reasons for declining include:
- Limited damages. If the case is small, even a win may not justify the time investment.
- Weak evidence. Cases that come down to credibility battles without corroborating evidence are risky.
- Statute of limitations issues. Claims filed too late may be legally barred.
- Unsympathetic facts. Even valid claims can be hard to win if the facts make the plaintiff look bad.
A lawyer declining your case doesn't necessarily mean it's worthless—it may just mean that particular lawyer doesn't think it's a fit for their practice. Get multiple opinions.
The Bottom Line on Cost
For most employee-side employment cases in Oklahoma:
| Situation | Typical Cost Structure |
|---|---|
| Wrongful termination | Contingency (33-50%) |
| Discrimination/harassment | Contingency (33-50%) |
| Retaliation | Contingency (33-50%) |
| Wage and hour claims | Contingency or hybrid |
| Severance review | Hourly (1-2 hours) |
| Workplace advice | Hourly |
The goal of contingency representation is making justice accessible regardless of your financial situation. If you have a strong case with real damages, finding a lawyer who will take it without upfront payment is usually possible.
Cost concerns shouldn't stop you from exploring your legal options. If you've experienced wrongful termination, discrimination, harassment, or retaliation, employment lawyers who work on contingency make representation accessible. A free consultation costs nothing and can tell you whether you have a case worth pursuing.
At Addison Law, we represent Oklahoma employees in workplace disputes and employment claims. Contact us for a free consultation to discuss your situation.
Wondering If You Can Afford a Lawyer?
Let's talk. Consultations are free, and most cases are handled on contingency.
This article is for general information only and is not legal advice.
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*This article is for general information only and is not legal advice.*
