Do I need an employment lawyer, and do I have a case?

Do I have a case? The five problems employment lawyers handle

Unfair is not always illegal. In most states you can be fired for any reason or no reason, but not for an illegal one. A lawyer looks for a law that covers what happened. The table shows where each problem starts, and the guide page with the details:

A severance agreement, a non-compete or a final paycheck can also be worth a lawyer's look: see severance pay, non-compete agreements and final paycheck laws.

Your deadline: the EEOC and your state agency

In general, you need to file a charge within 180 calendar days from the day the discrimination took place, and the deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis, the EEOC says. For age discrimination, it is extended to 300 days only if a state law bans age discrimination and a state agency enforces it. EEOC: Time limits for filing a charge

Each state agency also has its own clock for a complaint under state law. Each row was read from the state's statute or its agency on November 2, 2026:

• A charge filed with one agency is often cross-filed with the other, but ask each agency, and watch the shortest deadline.
• States not in the table were not checked for this page. Your state agency, or the EEOC at 1-800-669-4000, can tell you how much time you have.
• For a firing for a safety complaint (OSHA, 30 days), union activity (NLRB, 6 months) or FMLA leave (2 years), see the deadline table on Wrongful termination.

Agency first: when you must file a charge before you can sue

• Discrimination: charge first, then 90 days to sue. Once you receive a Notice of Right to Sue from the EEOC, you must file your lawsuit within 90 days. If you don't file in time, you may be prevented from going forward with your lawsuit.EEOC: Filing a lawsuit · 42 U.S.C. § 2000e-5(f)(1)
• Equal Pay Act: no charge needed. You can go to court within 2 years of the last discriminatory paycheck, or 3 years if willful.EEOC
• Unpaid wages: the Department of Labor or a lawsuit. The FLSA has a two-year limit, or three years for willful violations. If you accept back wages paid under the Department of Labor's supervision in full, you give up your right to sue for those wages.29 U.S.C. § 216(c)

What does an employment lawyer cost, and when does the employer pay?

No state publishes a price for an employment lawyer. Many take workers' cases on a contingent fee, a share of what you recover; under the ABA model rule, that agreement must be in writing, signed by you, and say how the fee is figured. What makes employment cases different is fee-shifting: several federal laws let the court order the employer to pay your lawyer.

• Wages and overtime (FLSA): the employer must pay. A court that rules for you must, in addition to any judgment, allow a reasonable attorney's fee to be paid by the defendant, and the costs of the action.29 U.S.C. § 216(b)
• Discrimination (Title VII): the court may order it. The court, in its discretion, may allow the prevailing party a reasonable attorney's fee (including expert fees) as part of the costs.42 U.S.C. § 2000e-5(k)
• Disability (ADA): the court may order it. The court, in its discretion, may allow the prevailing party a reasonable attorney's fee, including litigation expenses, and costs.42 U.S.C. § 12205
• Age (ADEA): the wage-law remedies. The age discrimination law is enforced with the powers, remedies and procedures of the FLSA's section 216.29 U.S.C. § 626(b)
• A contingent fee is in writing. It must be in a writing signed by the client that states how the fee is determined, including the percentage, and which expenses come out of the recovery.ABA Model Rule 1.5(c)

Ask before you sign: what share the lawyer takes, whether it is figured before or after costs, who pays costs if you lose, and what happens to a fee the court orders the employer to pay. Bar-run referral services connect you with a lawyer for your kind of problem. The ones this guide has checked publish a first-consultation price: the State Bar of Texas service up to $20 for up to 30 minutes, The Florida Bar service up to $25 for 30 minutes, and the New York State Bar Association service normally $35 for the first half hour; California certifies its referral services, which you search by county. See Find a lawyer or free legal aid for the details.

Free and low-cost help for workers

You can contact each agency yourself, and you don't need a lawyer to file a complaint. Filing with the Wage and Hour Division is free. On request, EEOC offices can give you a list of local employment lawyers, without recommending a specific one.

Check a lawyer's license in your state before you hire

Check the license before you sign a fee agreement. Use the official search of the state where you work.

Lawyers are licensed by a state agency in each state, and that agency can tell you whether a person has a law license and may practice there, the American Bar Association says. Its list names the agency in every state: in some it is the state bar, in others the state's highest court or one of its agencies. The table below gives each one, with a link where the site is a government or state-bar site this guide links to. ABA: Lawyer Licensing

• Search the exact name on the license, and check that the status is active and the person is allowed to practice now.
• Look for public discipline. Many of these searches show it, and the same agency handles complaints about lawyers.
• A lawyer from another state usually cannot handle a case in your state's courts unless the court lets them in for that case.
• A business name is not a license. Ask for the lawyer’s own name and check that person, not the firm.

Your first consultation with an employment lawyer: what to bring and ask

Bring the papers and the dates; a lawyer can tell you much more in one meeting with them in front of them. Ask:

• “Is your license active in this state, and how many cases like mine have you handled?”
• “Which law covers what happened, and what is my shortest deadline?”
• “Should I file with the EEOC or my state agency first, and will you file it?”
• “How is your fee figured, and who pays costs if we lose?”
• “If the court orders my employer to pay your fee, how does that change what I pay?”
• “Should I sign a severance agreement, or wait?”

Common questions about employment lawyers

Official sources

1. EEOC: Time limits for filing a charge (180 and 300 calendar days; age discrimination) eeoc.gov
2. EEOC: Filing a lawsuit (90 days after a Notice of Right to Sue) eeoc.gov
3. EEOC: How to file a charge of employment discrimination eeoc.gov
4. 42 U.S.C. § 2000e-5: Title VII enforcement ((e)(1) 180 days, (f)(1) 90 days, (k) attorney's fee) govinfo.gov
5. 42 U.S.C. § 12205: ADA attorney's fees govinfo.gov
6. 29 U.S.C. § 626: ADEA recordkeeping, investigation and enforcement ((b) FLSA section 216 remedies) govinfo.gov
7. U.S. Department of Labor: Wages and the Fair Labor Standards Act dol.gov
8. U.S. Department of Labor: State minimum wage laws dol.gov
9. U.S. Department of Labor: How to file a complaint dol.gov
10. U.S. Department of Labor: Complaints and the investigation process (FAQ) dol.gov
11. U.S. Department of Labor: Handy reference guide to the FLSA dol.gov
12. 29 U.S.C. § 216: liquidated damages and attorney's fees govinfo.gov
13. EEOC: Retaliation eeoc.gov
14. EEOC: Equal pay and compensation discrimination eeoc.gov
15. EEOC: Harassment eeoc.gov
16. Arizona Revised Statutes § 41-1481: charge within 180 days azleg.gov
17. California Civil Rights Department: Complaint process (employment: 3 years) calcivilrights.ca.gov
18. Connecticut General Statutes, chapter 814c (§ 46a-82: complaint within 300 days) cga.ct.gov
19. D.C. Code § 2-1403.04: complaint within 1 year code.dccouncil.gov
20. Florida Statutes § 760.11 (2026): complaint within 365 days flsenate.gov
21. Iowa Code § 216.15: complaint within 300 days (PDF) legis.iowa.gov
22. K.S.A. 44-1005: complaint within six months ksrevisor.gov
23. 5 M.R.S. § 4611: complaint within 300 days legislature.maine.gov
24. Md. Code, State Government § 20-1004: 300 days; harassment 2 years mgaleg.maryland.gov
25. Minn. Stat. § 363A.28: charge within one year revisor.mn.gov
26. RSMo § 213.075: complaint within 180 days revisor.mo.gov
27. Texas Labor Code, chapter 21 (§ 21.202: 180th day; sexual harassment 300th day) legis.texas.gov
28. Washington State Human Rights Commission: Employment (six months; pregnancy twelve months; 8 employees) hum.wa.gov
29. 29 U.S.C. § 660(c), OSH Act § 11(c): discharge for safety complaints (U.S. Code, 2024 ed.) govinfo.gov
30. OSHA Whistleblower Protection Program: File a complaint, and filing deadlines whistleblowers.gov
31. OSHA Whistleblower Protection Program: Statutes whistleblowers.gov
32. 29 U.S.C. § 2617(c), FMLA: time limits for a lawsuit (U.S. Code, 2024 ed.) govinfo.gov
33. 29 U.S.C. § 160(b), NLRA § 10(b): the six-month limit for charges (U.S. Code, 2024 ed.) govinfo.gov
34. ABA Model Rules of Professional Conduct, Rule 1.5: Fees (written fee terms, contingent fees, the ban in criminal and divorce cases) americanbar.org
35. ABA Model Rules of Professional Conduct, Rule 1.15: Safekeeping property (fees paid in advance go into a client trust account) americanbar.org
36. State Bar of Texas: Lawyer Referral & Information Service texasbar.com
37. The Florida Bar: Lawyer Referral Service floridabar.org
38. New York State Bar Association: Lawyer Referral Service nysba.org
39. State Bar of California: certified lawyer referral services calbar.ca.gov
40. American Bar Association: Lawyer Licensing (the agency that licenses lawyers in each state, with its search), opened November 1, 2026 americanbar.org
41. Arkansas: Arkansas Judiciary attorney search, as the ABA lists it attorneyinfo.aoc.arkansas.gov
42. California: State Bar of California attorney search, as the ABA lists it apps.calbar.ca.gov
43. Connecticut: Connecticut Judicial Branch attorney and firm inquiry, as the ABA lists it jud.ct.gov
44. Florida: The Florida Bar member search, as the ABA lists it floridabar.org
45. Idaho: Idaho State Bar attorney roster, as the ABA lists it isb.idaho.gov
46. Indiana: Indiana Roll of Attorneys, as the ABA lists it courtapps.in.gov
47. Maine: Maine attorney directory, as the ABA lists it maine.gov
48. Maryland: Maryland Courts attorney search, as the ABA lists it mdcourts.gov
49. Minnesota: Minnesota Lawyer Registration Office public search, as the ABA lists it lro.mn.gov
50. Nebraska: Nebraska lawyer search, as the ABA lists it mcle.wcc.ne.gov
51. New York: New York State Unified Court System attorney search, as the ABA lists it iapps.courts.state.ny.us
52. North Carolina: North Carolina State Bar license verification, as the ABA lists it portal.ncbar.gov
53. North Dakota: North Dakota Courts lawyer search, as the ABA lists it ndcourts.gov
54. Ohio: Supreme Court of Ohio attorney search, as the ABA lists it supremecourt.ohio.gov
55. Texas: State Bar of Texas Find a Lawyer, as the ABA lists it texasbar.com

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