At Employee Law Group, we often receive calls from people who feel they’ve been wronged at work and come to us looking for help filing a lawsuit. We listen, ask questions, and, using the legal experience we’ve gained after representing thousands of clients over nearly 30 years, we give them our best advice. Sometimes, we tell them they have a strong case and offer to represent them. Other times, we have to tell them, unfortunately, there’s no legal remedy for the problems they’re facing at work.

Occasionally, they’ll respond, “But my cousin/friend/neighbor had a case just like this and got a big settlement.”

No two cases are alike

Having two cases “just like” each other is extremely rare—I can’t say that we’ve seen two cases that are exactly alike. The facts are always a little bit different, which means the law looks at them a little bit differently. In some cases, very differently.



Take, for example, a company that sells office printers to businesses. One salesperson works from an office making calls to potential customers. Another visits potential customers’ businesses to make sales. They’re both salespeople, selling the exact same product to the same pool of potential customers, earning the same pay and commissions. But the law treats them very differently because one is “inside sales,” while the other is “outside sales.” Entirely different rules apply to such fundamental issues as overtime , meal breaks, and rest breaks.

To someone who knows a little bit about employment law and workplace regulations, the sales workers might look “just like” each other. But an experienced employment attorney knows that these two employees are nothing alike in the eyes of the law.

Different rules apply based on the size of the business, what industry it’s in, whether the employee is a supervisor or administrator or the new guy in the warehouse, and a long, long list of other factors. Someone who doesn’t practice employment law can’t be expected to know all the ins and outs of such a specialized field.

Your friend might know a lot about cars or may even be a skilled mechanic. But if they’re not a transmission specialist, would you want them to work on your brand-new car when the shifter goes “clunk, rattle, clunk” every time you get on the freeway? Some things are better left to the experts.

Don’t let someone else’s experience talk you out of protecting your rights

On occasion, we also hear from people who’ve been convinced that they don’t have a legitimate claim because a friend/relative/neighbor had “the exact same thing” happen to them and lost their case.

Again, this is almost certainly false. Your case is different from every other case, and your facts might fall under the protection of a well-established law. Your friend/relative/neighbor probably doesn’t have years of experience representing workers who’ve been cheated out of pay, harassed or discriminated against by their bosses, or retaliated against because they complained about being mistreated.

Before deciding that your case isn’t worth anything and giving up, you should talk to an attorney who knows what questions to ask, understands how your situation is unique and important, and knows the law protecting your rights.

HR is not on your side

Sometimes workers who think they might have a case go to the people they’ve been told are there to address workplace problems: the HR department. After all, HR helps you get paid, sorts out complaints, and enforces the rules. They probably have some training in legal issues that come up on the job. Why not ask them for help?

This is not always a good idea. Sometimes, it’s a very bad idea.

It’s important to recognize a very significant fact: HR is there to protect the employer, not the employees. While your HR staff may be very nice, friendly people who treat you like family, their paycheck ultimately depends on keeping the company from getting sued. So, when you go to them and tell them everything about your case, they’re already figuring out how they will use that information to defend the company.

Some situations require you to go to HR as a first step. If you’re being harassed, for example, you need a make a formal complaint to protect your rights. But what you say, how you say it, who you tell, and what they’re obligated to do with the information can all have a huge influence on your rights down the road if you choose to pursue your claims in court. You can’t be expected to know the right things to say and what to avoid, and HR will not help you find the right words. It’s not their job, and it’s not their goal.

Get your legal advice from experts who know how best to help you

If you believe that you have a potential legal claim in the workplace for unpaid wages, discrimination or harassment, retaliation, or any other problem with your employer, you need to speak to qualified counsel.

At Employee Law Group, we have nearly 30 years of experience in helping clients protect their rights and get the compensation they’re owed. We’ve seen thousands of cases—no two alike!—and we are familiar with the laws that ensure you get fairly paid what you’re owed and have a safe, respectful place to work.

You can call us for a free, confidential consultation and speak to one of our knowledgeable attorneys who will give you the benefit of our training and experience with employment law. Contact us today.