Question 1

Do I qualify for a Contingency Retainer?

Accepted Answer

Do I qualify for a Contingency Retainer?

Cases that we take on contingency have the following characteristics:

• Clear liability – for instance, an email or writing demonstrating discrimination, or other liability.

• Jaw-dropping conduct by the employer or school – something well beyond the difficulties, even serious difficulties that people face. For an employment case, this might include significant sexual molestation, or a boss that says, “I generally don’t like pregnant women, so, you’re fired.”

• Clean work history – though not a requirement, most employment clients that we take on contingency have no prior history of problems at work.

• Significant damages – this means that you have lost your job, and you made a significant wage. And/or you suffer significant emotional distress as documented by health-care professional Even if your case meets some or all of the above descriptions doesn’t guarantee we will offer contingency, as it also depends on the firm’s availability and current caseload.

What is a Contingency Retainer?

What is a Flat Fee Retainer?

Is it worth it to pay for an hourly retainer?

What is an Hourly Retainer?

Question 2

What is a Contingency Retainer?

Accepted Answer

In a contingency-fee matter, our fee is a percentage of any recovery and is set out in a written agreement. Fee percentages vary by case.

Question 3

What is a Flat Fee Retainer?

Accepted Answer

A flat-fee retainer uses a stated amount for a defined service or phase rather than a running hourly rate. The fee agreement identifies what is covered and when the firm may withdraw amounts as work is completed. This can make the cost of each phase easier to understand, although a matter that concludes sooner than expected may result in a higher effective hourly cost.

Question 4

Is it worth it to pay for an hourly retainer?

Accepted Answer

Whether an hourly retainer is worthwhile depends on the facts, anticipated work, legal issues, and your goals. An attorney can explain available fee arrangements, but no particular settlement, result, or recovery can be promised. Some employment laws may allow a court to award attorney’s fees when a claim succeeds, but that depends on the law and the circumstances. Legal fees can exceed the value a person places on a matter, so it is important to consider both the potential cost and your objectives.

Question 5

What is an Hourly Retainer?

Accepted Answer

An hourly retainer is the traditional model for legal services: attorneys do the work and you pay an hourly rate. Its advantage is that charges reflect the work performed; its disadvantage is that the amount of work needed can vary. If a letter and a few phone calls address a matter, the bill may be limited. Matters that require more work, including litigation, can produce higher and irregular bills. One month may involve little work, while another may require work by more than one attorney.

Question 6

Do I need to report harassment when it happens?

Accepted Answer

Generally, failing to report such harassment may seriously impair an employee’s ability to pursue legal action against an employer. The U.S. Supreme Court has ruled that a defendant can have an affirmative defense against a harassment claim if an employee “unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise.” Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S. Ct. 2257 (1998) The Ellerth ruling encouraged employers to put in place policies forbidding harassment and procedures for filing complaints, investigating complaints and discipline for those found to have harassed others. Depending on the facts of the situation, failing to report harassment may not necessarily be fatal to a legal claim against the employer, but it is something that ideally should be done.

Question 7

Can I be punished or fired for reporting harassment?

Accepted Answer

Many employees who fail to report harassment fear they will lose their job, they won’t be taken seriously, they will be blamed, or some form of retaliation. Harassment victims need to choose to either continue to tolerate the situation or take steps to end it, which may result in negative consequences. It’s illegal to retaliate against an employee for complaining of illegal harassment. If harassment is reported, and the employee suffers consequences as a result, that employee not only may have a legal claim for harassment but retaliation as well. An employer should not tolerate harassment of its employees. By reporting harassment, the employee should not only help him or herself by ending the problem, but also help the organization comply with the law, enforce its own policies, and hopefully prevent others from being subjected to similar behavior.

Question 8

Can I stop the harassment without hiring a lawyer?

Accepted Answer

It depends on your employer. If you feel you are being harassed, one way to try to resolve the problem is to tell the harasser to stop. If you are uncomfortable confronting the harasser, you should not endure harassment or try to resolve the matter yourself. Your employer should have other ways for you to report the harassing conduct. You may be able to report the incidents to your employer’s human resources department, your manager’s manager, or a manager of a different department. If employees suffering through harassment don’t complain, the harasser may interpret this as a sign the behavior is not a problem or that the victim is not offended.

Question 9

What doesn’t count as hostile environment harassment?

Accepted Answer

Anti-discrimination laws are not a civility code. These laws do not prohibit simple teasing, offhand comments or isolated incidents that are not serious. Instead, the conduct must be so objectively offensive as to change the conditions of the person’s employment whether as a result of a tangible employment action or is sufficiently severe or pervasive enough to create a hostile work environment.

Question 10

Does my boss need to be harassing me specifically for it to count?

Accepted Answer

Harassment need not committed by an employee’s supervisor or a member of management to be illegal. In addition to actions and conduct by management, a co-worker or non-employee (such as a contractor, vendor or guest) could potentially create a hostile work environment for an employee. A person making a claim of hostile work environment harassment need only be affected by the harassing conduct, not necessarily the employee to whom the conduct is directed.

Question 11

What are some examples of hostile environment harassment?

Accepted Answer

Actions and words that may create sexual hostile environment harassment are only limited by the sick imagination of the harasser, including: Staring in a sexually suggestive manner, Making offensive remarks about looks, clothing or the employee’s body, Inappropriate physical touching that make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body, Sexual or lewd jokes, inappropriate pictures, posters and gestures, and Sending, forwarding or soliciting sexually suggestive letters, notes, emails or images. Other actions which may result in hostile environment harassment, not based on sex, include: + Use of derogatory words, phrases, epithets, + Use of emails, gestures, pictures or drawings which would offend a particular group, + Comments about an individual’s skin color or other characteristics, + Making disparaging remarks about an individual, + Negative comments about an employee’s religious beliefs (or absence of religious beliefs), + Negative, stereotyping comments regarding an employee’s protected basis, and + Derogatory or intimidating references to an employee’s mental or physical impairment.

Question 12

What counts as harassment?

Accepted Answer

The unlawful harassing conduct must be unwelcome and based on the victim’s protected basis. The conduct must be: Subjectively abusive to the person affected, and Objectively severe and pervasive enough to create a work environment that a reasonable person would find hostile or abusive. Whether the harassing conduct is severe or pervasive is determined on a case-by-case basis in light of, + How often it happens, + The severity, + Whether the conduct was physically threatening or humiliating, not just an offensive comment, + Whether the conduct unreasonably interfered with work performance, + The impact on the employee’s psychological well-being, and + If the harasser was a superior within the organization.

Question 13

Does only sexual harassment count for creating a hostile work environment?

Accepted Answer

No, the harassment protections include unwelcome verbal or physical conduct based on the employee’s protected basis, such as the person’s, + Race, + Color, + Religion, + Sex, - Whether or not the harassment is of a sexual nature, and - It can involve people of the same sex. + National origin, + Age (40 and over under federal law, any age under Virginia law), + Disability, or + Retaliation - If an employee complains about, opposes or cooperates in the investigation or litigation of an illegal practice, those actions result in the person being legally protected from negative consequences due to those actions.

Question 14

What counts as a Hostile Working Environment?

Accepted Answer

Hostile work environment harassment refers to an unstable or dangerous workplace created when an employee suffers repeated workplace harassment. The harassing conduct unreasonably interferes with the victim’s work performance or creates what a reasonable person would find an objectively hostile or offensive work environment. If the conduct adversely affects the performance or well-being of the targeted employee, or any reasonable person in the workplace, the conduct may be illegal. + The harassment may not directly result in discipline or lost opportunities but does make it difficult for the victim to work because of constant ridicule, belittling comments, teasing or sexual come-ons. + The harassment becomes so debilitating that the victim fears going to work because of the oppressive, hostile or intimidating atmosphere created by the aggressors. + It may reach the point where the victim is suffering psychologically and manifests stress related physical problems.

Question 15

My Employer has Told me That I am Being Let Go and They Asked me to Sign a Severance Agreement. Should I?

Accepted Answer

Consider having an attorney familiar with employment law review the document. Your employer almost certainly had its attorney draft this to be favorable to the company. Most severance agreements require you to waive almost any rights you have to bring an action against the company, even if you learn later of wrongdoing. Employment law is complicated. It is entirely possible for you to have been wronged without realizing it. It will cost you between $300 and $500 to have an attorney spend an hour with you to review the document and discuss options. This may help you understand the agreement before deciding how to proceed.

Question 16

What if My Employer Wants me to Sign the Severance Agreement on the Spot?

Accepted Answer

Most reputable employers won’t do that. In fact, they may recommend that you see an attorney . Regardless, do not let them pressure you into signing. Ask for at least a couple of days to review it.

Question 17

Exactly when and how does a lawsuit start?

Accepted Answer

A lawsuit is started once a formal legal document called a “complaint” is filed in court and then served, usually by hand, on the defendant. Writing letters to your employer or negotiating a severance agreement does not involve litigation and does not create a public record.

Question 18

If I hire you as my attorney, does that mean I have to sue my employer?

Accepted Answer

No. Although we are trained trial attorneys , many of our cases are resolved simply by contacting the employer.

Question 19

Are there certain courts that you work in?

Accepted Answer

Spiggle Law attorneys handle matters in all courts in Virginia (primarily Northern Virginia), Washington, D.C., North Carolina, and New York. For North Carolina cases, we often partner with the firm Harris, Sarratt & Hodges, which is located in Raleigh.

Question 20

Do attorneys at Spiggle Law go to trial?

Accepted Answer

Yes. Tom Spiggle is an experienced trial lawyer who is not afraid to take your case to trial if necessary. From day one junior attorneys at the firm are trained to litigate and take cases to trial.

Question 21

What are my attorney consultation options?

Accepted Answer

The standard Attorney Consultation is $150 for 30 minutes. To begin, tell us about your workplace concern. The intake process helps identify the appropriate next step; a consultation is not guaranteed and does not create an attorney-client relationship. Please do not submit confidential or highly sensitive materials until the firm gives you approved instructions.

Question 22

How much will it cost to handle my case?

Accepted Answer

That depends on the nature of your cases . It could take from $2,000 to $100,000, or more.

Question 23

What if I can’t afford to pay that much?

Accepted Answer

For matters that may involve significant legal work, including litigation, payment arrangements may be available depending on the circumstances.

Question 24

How Long Will it Take to Finish My Case?

Accepted Answer

Again, it depends. Negotiating a severance can take as little as a few weeks. Cases that go all the way to trial can take a year or more.

Question 25

Will I have to go to court?

Accepted Answer

Unless it is a criminal case, you will rarely have to go to court. In some instances, you will only have to go to court if there is a trial . Of course, you can choose to go to court for any matter involving your case.

Question 26

Will I have to talk to the judge?

Accepted Answer

Unless it is a criminal trial, you will usually only talk to the judge in open court if there is a trial.

Question 27

Who can be sued for my wrongful termination?

Accepted Answer

A victim of wrongful discharge in Virginia can take legal action against: + A company/employer that fires him in violation of public policy. + An employee with managerial or supervisory responsibility if he was the one who violated the public policy and if he also participated in firing the worker.

Question 28

What are the wrongful discharge laws in Virginia?

Accepted Answer

The rules in Virginia say that an employee can sue for wrongful discharge if: The employee exercises a right to do something (or not do something) that a statute specifically entitled the employee to do, and because of that, the employee is fired. The employee acts pursuant to a public policy clearly announced by a statute, the employee is a member of the class of people the statute is designed to protect, and then, the employer terminates the employee for acting in accordance with that public policy. The employee refused to commit a crime and is fired for it.

Question 29

I live in an “At Will” State. What does that mean?

Accepted Answer

Employees in “At Will” positions can be fired or can leave their job at any time, and for almost any reason. While at will employment is the standard throughout the U.S., some states have imposed more limitations on an employer’s ability to fire employees. Some states, like Virginia, have notoriously limited exceptions to the at will rules. The Virginia Supreme Court did recognize one possible category of exceptions in an important case in 1985 called Bowman v. State Bank. In Bowman, the Court held that an employer could be legally liable for firing employees for reasons that violated public policy. This limited exception gives employees the right to sue if employers fire them for refusing to be part of criminal activities or for exercising rights protected by law. After Bowman, the courts have been reluctant to expand the situations where employees can sue for wrongful discharge although some recent cases have added additional protections for workers. Because state laws on wrongful discharge can evolve, it is often helpful to speak with an experienced attorney if you believe your employer wrongfully discharged you.

Question 30

Am I protected if my boss or coworkers touched me or threatened to touch me without my consent?

Accepted Answer

Yes. There are laws and statutes at both the state and federal level protecting against sexual harassment and assault, as well as protecting against assault and battery.

Question 31

Am I protected if my boss or coworkers do something horrible to me at work – like repeatedly making racist jokes and then leaving a noose on my desk?

Accepted Answer

Most likely. Depending on your state and locality, you may have claims of negligent or intentional infliction of emotional distress.

Question 32

Am I protected when reporting wrongdoing, like fraud, at my job?

Accepted Answer

Yes. Numerous laws and regulations guarantee protections for reporting wrongdoing and illegal activity on the job. These laws often also protect employees that refuse to commit illegal activity when asked by their employer. The False Claims Act Qui Tam Whistleblower Law + There are over one-hundred such laws on the federal level alone. For instance, under OSHA and other individual federal laws. + There are a number of state-level whistleblower laws The Whistleblower Section of this website Sarbanes-Oxley (SOX) – reporting improper behavior by publicly traded companies. File with Occupational Safety and Health Administration

Question 33

Is my employer retaliating against me?

Accepted Answer

You may be experiencing retaliation for: telling HR or my boss that I thought I was being discriminated against on the basis of + Religion + Sex + Race + National Origin telling HR or my boss that I thought someone else at work was being discriminated against asking for workplace changes because I have a disability having a disability for telling my boss or HR about page or wage violations taking FMLA leave telling my boss that I was discriminated against on the basis of age The Retaliation Section of this website has more information on your rights regarding retaliation.

Question 34

Can I be fired just because my employer didn’t want to pay my benefits?

Accepted Answer

You may be protected under The Employment Income Retirement Security Act . (ERISA) This act is also useful when there are issues with COBRA which cause you to lose your health insurance.

Question 35

What if someone at my current or former workplace is saying untrue things about me?

Accepted Answer

You may be protected against defamation (spoken) or libel (written) claims against you. These are state law claims, so need to search the law in your state. These are also state level common or “judge made” law, so you may have to rely on court cases rather than a statute.

Question 36

What if I was fired for making a statement at work, oral or otherwise?

Accepted Answer

Depending on the context, employees may be protected by The National Labor Relations Act . Employees of the US Government are also guaranteed protection of Freedom of Speech under the First Amendment of the Constitution.

Question 37

Am I protected from being fired because of my disability?

Accepted Answer

You may be protected if you: |+ are experiencing problems at work or have been fired because I am stressed out, sleep deprived and or am depressed. + are experiencing problems at work because of a mental or physical disability, even if that disability is temporary + are experiencing problems at work because I asked for workplace changes – like a modified workspace – due to a physical or mental disability, even if that disability is temporary |+ \ Americans with Disabilities Act (ADA) for each of these + The Disability Section of this website | | --- | --- | Can I be fired for taking time off or asking for leave to care for myself or a family member? Taking medical leave can be protected in many circumstances. See the following: + Family Medical Leave Act (FMLA) - U.S. Department of Labor + \Americans with Disabilities Act - If the family member is disabled; search for ADA association clause + The FMLA and Leave Discrimination Section of this website This may also apply if an employer is attempting to interfere with you taking leave for these reasons

Question 38

How am I protected from a Hostile Work Environment because of my sex, race or national origin?

Accepted Answer

You may be protected under these laws: + \Title VII of the Civil Rights Act of 1964 + ADA + FMLA

Question 39

Am I protected if I’m not being paid properly?

Accepted Answer

Yes. Learn your rights with these sources: + Fair Labor Standard Act + Equal Pay Act + State wage-and-hour laws + United States Department of Labor + The Equal Pay section of this website

Question 40

What if I’ve been discriminated against for being pregnant?

Accepted Answer

In cases of pregnancy discrimination, you can learn your rights from the following sources: \ Pregnancy Discrimination Act + \Title VII of the Civil Rights Act of 1964 + State anti-discrimination law; try searching for “[your state or county] human rights act” - For instance the D.C. Human Rights Act + This Pregnancy Discrimination section of this website + The Caregiver Discrimination section of this website

Question 41

What laws can protect me from Wrongful Termination?

Accepted Answer

The left column lists common employment problems, and the right column lists the applicable federal laws. It also highlights common state law employment issues, as well as federal agencies that regulate that area of the law. \A star beside a law means that you must file an administrative action – like with the EEOC – before you file in court. Note that more than one may apply to your situation. Use these to conduct your own research or to help you find the right attorney to help you. I’ve been treated differently because of my: | race sex because I from another country because I have kids because of my age | \ Title VII of the Civil Rights Act of 1964 ; Section 1981 (race only) Title VII Title VII Title VII (sex stereotype) Age Discrimination in Employment Act | | --- | --- | Except for 1981 Action, all must be filed here first Equal Employment Opportunity Commission

Question 42

Have I been Wrongfully Terminated?

Accepted Answer

You have been wrongfully terminated if you were fired because: you are pregnant of your color of your gender of your religion you opposed illegal practices in the workplace you have a disability because you complained about working conditions There are a number of other reasons that are illegal under federal or state law which may give you a legal case against your company, but judges generally will not call this “wrongful termination.” Instead, a judge will talk about your termination in a more specific way. Taking the examples above, the judge will say you were fired in violation of: The Pregnancy Discrimination Act Title VII of the Civil Rights Act of 1964 on the basis of race Title VII of the Civil Rights Act of 1964 on the basis of sex Title VII of the Civil Rights Act of 1964 on the basis of religion The False Claims Act (or any of the over 100 other whistleblower statutes) The Americans With Disabilities Act These examples do not include the many state and local laws that apply to the same conduct. For instance, an employer in the District of Columbia that fires a woman because she is pregnant may be in violation of both the federal Pregnancy Discrimination Act and the District of Columbia Human Rights Act.

Question 43

I Have Been Offered a Performance Improvement Plan, Should I Agree to it?

Accepted Answer

A performance improvement plan (PIP) can be an important workplace development. Your employer generally decides whether to put you on a plan. If this happens, consider consulting someone with employment law experience, who can help you understand the plan, the surrounding circumstances, and the questions you may want to consider.

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