Facing workplace harassment is an emotionally taxing experience, and deciding to seek legal help can feel overwhelming.
One of the first questions many people ask is: How much does a workplace harassment lawyer cost? The answer isn’t straightforward, as costs vary depending on the lawyer’s experience, the complexity of the case, and the fee structure.
This article will guide you through the costs associated with hiring a workplace harassment lawyer, ensuring you understand your options and feel confident in taking the next step.
Understanding the Costs of a Workplace Harassment Lawyer
When hiring a workplace harassment lawyer, it’s essential to understand the types of fees they may charge and the factors influencing those costs. Below are the primary components that determine legal fees:
1. Fee Structures Used by Workplace Harassment Lawyers
Workplace harassment lawyers use several fee structures, depending on their law firm and the nature of the case. These structures include:
- Hourly Fees: Lawyers often charge by the hour for their services, with rates varying based on their experience and location. Hourly fees typically range from $200 to $500 per hour. If your case involves extensive research or litigation, the costs can quickly add up.
- Contingency Fees: Many employment lawyers, including those specializing in workplace harassment cases, work on a contingency fee basis.
- This means they only get paid if you win your case, usually taking a percentage of your settlement (often between 30% and 40%). This option is ideal if you can’t afford upfront costs, as it ties the lawyer’s payment to the outcome of your case.
- Flat Fees: For straightforward cases or specific legal services, such as reviewing legal documents, some lawyers may charge a one-time flat fee. This structure is less common in workplace harassment cases but can be an option for non-litigation matters.
- Retainer Fees In some cases, attorneys may require a retainer fee—a lump sum paid upfront that covers initial costs. The lawyer then deducts their hourly rate or expenses from this amount.
2. Additional Costs to Consider
Legal representation often involves expenses beyond attorney fees. Be aware of the following:
- Court Filing Fees Filing fees are payments made to the court to initiate your case. These typically range from $50 to $400, depending on your jurisdiction.
- Litigation Costs Litigation costs include expenses such as depositions, expert witness fees, and document preparation. These costs can add thousands of dollars to your case.
- Pro Bono Services Some law firms or nonprofit organizations offer pro bono services to clients who cannot afford legal fees. If you qualify, this can significantly reduce your costs.
Factors That Influence the Cost of a Workplace Harassment Lawyer
Several factors can impact how much you’ll pay for legal representation:
1. The Complexity of Your Case
Cases involving multiple incidents, witnesses, or legal claims (e.g., workplace discrimination combined with harassment) may require more time and resources, leading to higher costs.
2. The Experience of the Lawyer
An experienced employment lawyer often charges more than a less experienced attorney. However, their expertise can increase the likelihood of a favorable outcome.
3. The Law Firm’s Location
Law firms in metropolitan areas or regions with higher living costs often charge more than those in rural areas.
4. The Duration of the Case
If your case settles quickly, costs will be lower. However, if it proceeds to trial, expect higher expenses due to the increased time and resources required.
How to Manage Costs When Hiring a Workplace Harassment Lawyer
Legal fees can feel daunting, but there are strategies to make them more manageable:
1. Discuss Fee Structures Upfront
During your initial consultation, ask about the lawyer’s fee structure. Ensure you understand whether they charge hourly fees, a contingency fee, or a flat fee. Request a detailed breakdown of potential costs, including litigation and court fees.
2. Consider a Contingency Fee Agreement
If you’re concerned about upfront costs, hiring an attorney who works on a contingency fee basis can be a practical solution. This arrangement aligns the lawyer’s interests with yours, as they only get paid if you win your case.
3. Explore Free Consultations
Many employment attorneys offer free consultations to discuss your case and determine whether you have a claim. Use this opportunity to compare lawyers and find one that suits your needs.
4. Look Into Pro Bono Services
If you can’t afford an employment lawyer, search for law firms or organizations offering pro bono services. These lawyers provide free or reduced-cost legal representation to individuals in need.
5. Inquire About Payment Plans
Some lawyers offer payment plans, allowing you to pay their fees in installments rather than a lump sum. This can make legal representation more accessible.
Common Workplace Harassment Claims and Legal Costs
Workplace harassment cases often intersect with other areas of employment law, such as wrongful termination. Below are examples of common claims and their associated costs:
1. Sexual Harassment
Sexual harassment claims often require extensive evidence gathering and expert witnesses, leading to higher litigation costs.
2. Retaliation
If your employer retaliates against you for reporting harassment, you may have additional claims under employment law, increasing the complexity and cost of your case.
3. Workplace Discrimination
Cases involving harassment based on race, gender, or disability often overlap with workplace discrimination claims, requiring specialized legal knowledge.
Real Life Case Examples
- Anucha Browne Sanders vs. Madison Square Garden (2007)
Anucha Browne Sanders, a VP for the New York Knicks, filed a lawsuit alleging sexual harassment by her boss, Isiah Thomas, and a hostile work environment perpetuated by Madison Square Garden (MSG). - She endured inappropriate comments, sexist remarks, and retaliation after reporting the behavior. A federal jury awarded her $11.6 million in damages, leading MSG to settle the case for $11.5 million to avoid additional costs
- Rena Weeks vs. Baker & McKenzie (1994)
Rena Weeks, a secretary at the law firm Baker & McKenzie, sued after repeated harassment by her boss, Martin Greenstein. - The case highlighted Greenstein’s misconduct and the firm’s negligence in addressing complaints. Weeks won $7.1 million, marking a significant victory in holding employers accountable for workplace harassment
- Carla Ingraham vs. UBS Financial Services (2011)
Carla Ingraham, a long-time employee of UBS, faced sexual harassment from a supervisor and retaliation after filing a complaint. - She was awarded $10 million in punitive damages, along with additional compensation for back pay and emotional distress. This case underscored the consequences of retaliatory actions by employers
Title VII of the Civil Rights Act of 1964
Title VII is the cornerstone of workplace harassment protection. It prohibits employers from discriminating against employees or applicants based on race, color, religion, sex, or national origin. Harassment that creates a hostile work environment or leads to adverse employment actions (e.g., demotion or termination) based on these protected characteristics is unlawful under this statute.
- Commonly applied to: Sexual harassment, racial harassment, and harassment based on religion or ethnicity.
- Employer coverage: Applies to employers with 15 or more employees.
Additional Notes
While Title VII provides essential protections, other statutes, such as California’s Fair Employment and Housing Act (FEHA) which prohibits harassment for businesses with five or more employees, can also be relevant. Complaints under these laws are often filed with the Equal Employment Opportunity Commission (EEOC) before pursuing further legal action.
Step-by-Step Guide for Victims of Workplace Harassment
- Recognize the Harassment
Understand what constitutes workplace harassment, such as offensive comments, intimidation, or inappropriate behavior. Review company policies and federal/state laws for guidance. - Document Incidents
Keep a detailed record of each incident, including dates, times, locations, what occurred, and any witnesses. Save any supporting evidence like emails, texts, or photos. - Report the Harassment
Notify your supervisor, manager, or HR department in writing. Follow your company’s complaint procedures. Retain copies of your communications. - Seek Support
Speak with trusted colleagues, friends, or a counselor for emotional support. You don’t have to face harassment alone. - File a Formal Complaint
If internal reporting doesn’t resolve the issue, file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency. You typically have 180–300 days to file. - Consult an Employment Lawyer
Reach out to an employment lawyer to understand your legal rights and options. Many lawyers offer a free consultation to evaluate your case. - Consider Legal Action
If the harassment persists or leads to retaliation, discuss filing a lawsuit with your lawyer. This can include seeking compensation for damages such as emotional distress or lost wages. - Focus on Self-Care
Dealing with workplace harassment can be draining. Prioritize your mental and physical health throughout this process.
Why Hiring an Experienced Employment Lawyer Is Worth the Cost
While hiring a workplace harassment lawyer can be expensive, their expertise can significantly impact the outcome of your case. An experienced employment lawyer can:
- Navigate the Legal Process Employment law is complex, and an experienced lawyer can guide you through the process, from filing complaints to preparing for trial.
- Negotiate Settlements Many workplace harassment cases settle out of court. A skilled attorney can negotiate on your behalf to secure fair compensation.
- Protect Your Legal Rights Your lawyer will ensure your rights under employment law are upheld, whether you’re dealing with workplace harassment or retaliation.
Conclusion: Understanding the Costs and Benefits
Deciding to pursue legal action for workplace harassment is a courageous step, and understanding the costs involved is essential. By exploring fee structures, discussing payment options, and seeking the right legal representation, you can confidently move forward with your case.
At Bourassa Law Group, we’re dedicated to supporting victims of workplace harassment. Contact us today for a free consultation to discuss your situation and explore your options. Together, we’ll work to ensure your rights are protected and hold your employer accountable.
1-800-870-8910