It starts with silence, the kind that follows an unexpected termination email, the quiet hum of disbelief after a meeting that strips you of dignity, or the ache in your chest when your paycheck vanishes and no one takes responsibility.
For many, job loss or workplace discrimination doesn’t just steal income, it shatters identity, security, and trust. One day, you’re contributing with pride; the next, you’re questioning everything. Was it legal? Was it fair? Do I have any options at all?
That’s when the question surfaces: Can you hire an employment lawyer on a contingency basis? In moments like these, when you feel powerless, understanding that you don’t need thousands of dollars upfront to seek justice can be the very shift that changes your trajectory.
Contingency fee arrangements allow employees, especially those facing wrongful termination, workplace harassment, or wage theft, to take action without the fear of immediate legal fees. This article breaks down how these agreements work and how you can use them to protect your legal rights.
You didn’t deserve this. But you do deserve answers.
So ask yourself, are you ready to take that first step toward justice?
Understanding Contingency Fee Arrangements in Employment Law
A contingency fee agreement lets you hire an employment attorney without paying legal fees upfront. Instead, your attorney takes a fixed percentage of your compensation if the case succeeds. If you’ve ever searched for contingency lawyers near me, you’re likely looking for exactly this kind of support—one that removes financial barriers while still giving you access to strong legal representation.
While most commonly used in personal injury law, some employment lawyers also offer contingency arrangements for specific cases with strong legal merit. Plaintiff employment lawyers—those who represent employees—often offer contingency fees for claims like:
- Wrongful termination.
- Workplace discrimination.
- Retaliation for whistleblowing.
- Sexual harassment claims.
- Wage and hour disputes.
Unlike hourly billing models, contingency fee arrangements shift the financial risk away from the employee. This allows potential clients who lack financial resources to still seek justice.
When Can You Hire an Employment Lawyer on a Contingency Basis?
Employment lawyers work under contingency fee arrangements in selected situations, especially when the claim involves substantial damages or clear evidence of employer misconduct.
Here are scenarios where a contingency fee basis is more likely:
- You were fired for discriminatory reasons, such as race, gender, or disability.
- Your employer retaliated after you filed a complaint or reported illegal conduct.
- You have documentation showing violations of wage and hour laws.
In such cases, experienced employment lawyers evaluate the strength of your claim during the initial consultation. If the claim has legal merit and potential for settlement or a court win, they may offer to represent you on a contingency basis.
However, not all employment cases qualify. Some issues—such as contract reviews or severance negotiations—typically require hourly fees or flat-rate billing because they do not result in monetary recovery.
Key Benefits of Contingency Fee Agreements
Hiring an employment attorney on a contingency basis can remove many financial barriers to legal representation.
Here’s why employees often prefer this route:
- No upfront legal fees: You don’t need to pay anything out of pocket to start your case.
- Motivated representation: Your lawyer only gets paid if you do—this aligns your goals.
- Access to justice: Even workers with limited means can pursue fair compensation.
If your employment claim is strong, this structure allows you to challenge powerful employers without facing massive legal bills.
What Does a Contingency Fee Cover?
A contingency fee usually covers your attorney’s time and effort in building your employment lawsuit, from legal strategy to negotiation and trial representation. But other costs may still apply.
Here are common legal services and expenses that could be involved:
- Legal documents preparation.
- Filing fees charged by the court.
- Expert witness costs or investigators.
- Travel and administrative expenses.
Your attorney should clearly explain these costs during the consultation. Some law firms may cover these expenses upfront and subtract them from your final compensation, while others may ask you to cover certain costs as the case progresses.
Always review the contingency fee agreement carefully. It should outline what is included, what’s not, and how your legal team will handle potential expenses.
How Contingency Fees Are Calculated
Most contingency fees are calculated as a fixed percentage of the settlement or court award. This percentage typically ranges between 30% to 40%, depending on case complexity and whether the case goes to trial.
For example:
- If your employment lawyer secures a $100,000 settlement and the agreed contingency fee is 35%, you would receive $65,000, and the lawyer would receive $35,000 (minus additional case expenses, if any).
Many state bar associations require written contingency agreements to ensure transparency and protect clients from unfair fee arrangements.
Your agreement should clearly specify:
- The fixed percentage for a successful outcome.
- Whether the percentage changes if the case goes to trial.
- What happens if the case settles early?
- Who covers filing fees, expert costs, and other expenses?
When Contingency Fees Are Not an Option
While many employment lawyers offer contingency fee arrangements, not every employment claim qualifies.
Some legal services fall outside this model, such as:
- Reviewing employment contracts.
- Handling workplace investigations.
- Advising on severance agreements.
These services typically use hourly rates or flat fees instead of offering legal assistance through contingency-based models. Employment lawyers may charge hourly billing depending on location and experience, especially if you’re working with an employer lawyer for advisory tasks. Some offer hybrid models—charging a reduced hourly basis fee with a success bonus if they win or settle the case.
In situations where financial recovery is uncertain or unlikely, contingency-based representation may not be feasible under traditional or contingent fees models.
Choosing the Right Employment Attorney
Not all employment lawyers work on a contingency basis, and not all are equally experienced. To ensure you choose the right legal support, consider the following:
Lawyer’s experience:
Look for someone with a strong track record in employment law and workplace discrimination claims, and don’t hesitate to ask about the lawyer’s experience in similar cases.
Online reviews:
Read client testimonials to learn how the attorney handles such cases.
Fee arrangements:
Ask directly whether they offer a contingency basis or require hourly fees.
Legal rights knowledge:
Choose someone who demonstrates comprehensive knowledge of state and federal labor laws.
Choose attorneys who offer honest, realistic evaluations of your case. Reputable employment lawyers follow ethical standards and remain transparent about potential outcomes rather than making promises they can’t guarantee.
Laws That Protect You in Employment Cases
State and federal laws protect employees from unfair treatment, but the specific rights and deadlines vary by jurisdiction. An employment lawyer can help you understand how these laws apply in your state.
These laws include:
- Title VII of the Civil Rights Act: protects against workplace discrimination based on race, gender, religion, or national origin.
- Family and Medical Leave Act (FMLA): protects your right to take unpaid leave for family or medical reasons.
- Americans with Disabilities Act (ADA): prohibits discrimination based on disability and requires reasonable accommodations.
- Fair Labor Standards Act (FLSA): governs minimum wage, overtime, and hours worked.
- State labor laws: across the U.S. provide additional protections for employees, including unique rights, remedies, and deadlines for filing employment-related claims. These laws often work alongside federal statutes to strengthen workplace protections and ensure fair treatment in employment-related cases.
An experienced employment lawyer will help you understand these laws, assess the strength of your employment claim, and determine the best course of action.
Accessing Justice Without Financial Barriers
Job loss, discrimination, and retaliation can leave you emotionally and financially drained. But the inability to pay attorney fees shouldn’t stop you from seeking justice. A contingency fee agreement can give you access to experienced legal representation when you need it most, without taking on financial risk.
At Bourassa Law Group, we believe every employee deserves a fair chance to fight back, no matter their circumstances. If you’ve faced unfair treatment at work and want to know whether your case qualifies for contingency representation, contact us today for a free consultation with our team. Let us help you understand your legal rights and pursue the compensation you deserve.
You’ve already faced enough loss. Let us help you explore your legal options and pursue the justice you deserve.
1-800-870-8910