Why Workers Are Worried About Employment Attorney Fees

Being reluctant to consult an attorney about a possible employment violation is a legitimate concern. Many workers today are barely squeaking by. And if you’re already financially hurt by stolen wages, wrongful termination, or a missing bonus payment, where’s the money for a lawyer going to come from?

Maybe your complaint doesn’t even involve that much money. Say you believe you are owed a few hundred dollars in unpaid commission. How does hiring a lawyer for potentially thousands of dollars make sense? Sure, you want the money that’s owed you, but you don’t want to lose money in the process.

What Is Fee Shifting and How Does It Help You?

This is where fee shifting can really give you the edge. What is fee shifting?

Fee shifting happens in some California lawsuits, like many of those we pursue at Employee Law Group. Instead of each side paying their own attorneys’ fees, the employer pays the worker’s lawyer’s fees if they are found liable in the case, in addition to any back pay, damages, penalties, and the like.

You would think the threat of fee shifting alone would keep employers from trying to cheat or mistreat their workers. But unfortunately, we still see plenty of cases where bosses try to get away with illegal practices — and ultimately pay for it.

Does Fee Shifting Apply to Your Case?

As mentioned above, fee shifting applies to many of the cases we tackle at Employee Law Group. Have you experienced any of these problems listed below?

Failure to provide required meal and rest breaks

Unless you’re an exempt employee, you should get three breaks during regular work time:

• 10-minute rest break for the first 4 hours
• 10-minute rest break during the last 4 hours
• 30 minutes for lunch

You should not have to do any work or even be interrupted during these breaks.

If you don’t get your proper break, you should be compensated one hour’s pay for a missed rest break and one hour’s pay for a missed lunch.

Unpaid wages

Unpaid wages can include many forms of compensation, such as:



• Regular wages
• Salary
• Bonuses
• Commission
• Overtime
• Benefits
• Other compensation that counts as wages

If you go to court and win in order to recover unpaid wages, your employer pays your attorney fees.

Unpaid work-related reimbursable expenses

Imagine your boss asks you to go on some work errands for the company. You’re asked to drive your own car — which requires filling up the gas tank — to pick up coffee supplies for the break room as well as paper for the copy machine and printer ink.



Your boss says, “Don’t worry, I’ll pay you back at the end of the week.” But when Friday comes, you’re told it will have to wait or, worse, “I don’t recall telling you we’d pay for those things.” You should be able to get reimbursed, and your boss should be stuck with your legal bill.

Discrimination, harassment, and retaliation

There are many protected classes in California, including:

• Race
• Religion
• Age
• Sexual orientation
• National origin
• Pregnancy status
• Disability

If you are treated differently in a negative way because of one of these, that’s discrimination.

Harassment is when you are made to feel uncomfortable at work. It may be sexual harassment or other forms of badgering, inappropriate contact, or jokes at your expense. Sometimes discrimination and harassment go hand in hand.

If you speak out, you may face retaliation — punishment for exposing workplace wrongdoings. You could be denied a promotion, given bad hours as a punishment, or even wrongfully fired.

What You Can Do to Help Your Employment Attorney Make a Strong Case

You increase your chances of a favorable outcome in court — including fee shifting — if you help your employment lawyer make the strongest case possible against your employer or former employer.

The most important thing we can tell you as legal experts in the employment field is to document as much as possible. It makes it much easier to prove your case in court when you have the evidence of your employer’s wrongdoing or at least your employment contract that lays out the terms of your work and compensation.

Here are some common places where documentation will really help you:

• Work hours - Keep copies of your timesheets or time cards, as well as any correspondence related to these, like emails from your boss. Make notes on your own if you’re being asked to work through lunch or breaks.
• Discrimination or harassment - Again, keep any emails, texts, memos, or other correspondence that show you’ve been the target of discrimination or harassment. Write down the names of other employees who have either experienced the same thing or witnessed your employer not treating you right.
• Expenses - Keep receipts for anything you purchase or rent for work purposes, like office supplies, electronic devices, gas, rental cars, or meals for clients. Hang onto any documents asking you to purchase these things or promising to reimburse you for them.

It’s best if you keep this documentation at home. If you lose your job or access to your work computer, you’ll still have this evidence.

Your First Consultation Is Free at Employee Law Group

You don’t pay anything for an initial meeting at Employee Law Group to see if you have a case against your employer. You can decide whether or not to move forward once you have a better idea of where you stand.

Even better, if you ask, “What does it cost to hire a lawyer to take my boss to court?” our answer will always be, “Nothing, unless we recover on your behalf.”

Ready to see if you are entitled to money in unpaid wages or damages from your employer in the Los Angeles area? Call Employee Law Group today at 310-606-0065, or reach out online with your questions.