That was the question presented in a recent New York Magazine article that caught our attention.
The article—“I Was Harassed at Work. Can I Afford to Sue?”—concerned a New York employee who left a job where they were subjected to a hostile work environment based on race.
That’s illegal. In New York. In the United States. And definitely here in Minnesota.
However, the employee seemed concerned about whether they could afford an attorney and whether it was worth it to pursue any case against the former employer.
Let’s start with paying a lawyer.
How much does a lawyer cost in a discrimination, harassment, retaliation, or wrongful termination case?
You should be heartened to learn that most Minnesota lawyers who help employees often do so on what’s called a contingent-fee basis. This means the lawyer will take a portion of the proceeds he/she is able to achieve for you—whether that’s through a settlement or a verdict.
If the lawyer is not able to achieve any monetary result, then usually you won’t need to pay them.
This puts the risk on the lawyer’s shoulders, and therefore means that lawyers who help employees are careful in choosing which cases to take.
Why might a lawyer decide to take, or not take, my case?
In determining whether to take on a case on a contingent-fee basis, lawyers usually think about two factors:
(1) Did the employer break the law?
This may seem obvious. But it will likely require a long conversation so the prospective lawyer can analyze the facts of the case and then see how they line up with the law.
If the lawyer thinks the employer broke the law, then the next step is determining how much you were damaged by the illegal behavior.
(2) What are the damages?
There are two main sources of damages in most employment cases: lost wages and emotional distress.
If an employer breaks the law and it costs you a job, then the employer can be on the hook for your wages until you find a new job. And even if you find a new job, the former employer might still be on the hook for some wage losses if the new job pays you less.
If an employer breaks the law and it costs you a job, then it can also be on the hook for any emotional distress damages you suffered. It’s helpful to prove emotional distress damages when a health professional, like a therapist, has some documentation of the emotional distress.
Therefore, a case value is often based on the time you expect to be out of a job and the emotional distress.
So, if you got a great job the day after a wrongful termination and the wrongful termination didn’t even bother you, then the case probably isn’t worth much. However, if you expect to be out of work for a long time and are suffering severe emotional distress, then the case can be worth a lot. Or, your wage losses could be really high, but your emotional distress low (and vice versa), which would still make for a high case value.
How do I find out how much my case might be worth?
The best way to get an answer on case value is to talk to a lawyer. You’re welcome to schedule a free consultation with a Haller Kwan LLP attorney by clicking this link.
