TOP FIVE MISTAKES EMPLOYEES MAKE WHEN LOOKING FOR AN EMPLOYMENT ATTORNEY

Every year, we get calls from hundreds of employees seeking legal representation.  We take only a small number of cases each year. So, what can employees do to increase their chances of getting an attorney to represent them? Here are the top five mistakes employees make when seeking an attorney:

1.  Not having a clear timeline.
When you contact a law firm for representation, you will be asked: What happened? Preparing a written timeline with dates setting out the most important events will make it far easier for the attorney to assess whether you have a valid claim. If you send it to the attorney in advance of your call, even better.  But don’t make the timeline a 10-page single-spaced manifesto. Keep it short (think bullet points) and objective.  You should include dates you were hired, fired, had performance evaluations, attended key meetings, or experienced key incidents, such as acts of harassment or discrimination.

2.  Not requesting a personnel file.
In California, current and former employees are entitled to a copy of their personnel file and all documents they signed in connection with their employment.  There are no magic words.  You just need to send an email to your supervisor or someone in Human Resources and say something like, “Please provide me with a copy of my personnel file and all documents I signed in connection with my employment.” The employer has 30 days to provide it.

3.  Not having organized documents.
Lawyers love documents, and for good reason.  Documents can make or break a case.  Documents include work emails, Slack messages, text messages or anything else in writing that might help prove your case. A lot of people think text messages “don’t count” as evidence, but they definitely do. You will immediately lose access to company emails and messaging systems as soon as you are terminated, so plan ahead and save what you need. Back up texts to the cloud. Try to organize the documents chronologically so the attorney can easily review them in order.

4.  Not having a witness list.
It’s hard to win a lawsuit based on your testimony alone.  Most lawyers will want to know if you have any witnesses who can corroborate any aspect of your case. Coworkers who no longer work for the employer often make the best witnesses because they don’t fear retaliation for speaking up. But witnesses can also include friends and family members you told about the unlawful conduct, or who can testify to your emotional distress. Make a concise witness list with the witness’s name, non-work email address, phone number, and a brief sentence or two about what they can corroborate.
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5.  Being rude to staff.
Lawyers like to work with nice people.  Rudeness to staff is a sign that you are going to be a difficult client. Be courteous to the staff who answer phones and conduct intake interviews.