Do I Have an Employment Law Case? Questions to Ask Before Contacting a Lawyer

Published By: Richard Swartz and Justin Swidler
Last Updated: 05/31/2026
Jurisdiction note: This article is for employees in New Jersey, Pennsylvania, Philadelphia, and South Jersey. Employment laws and deadlines can vary based on the facts, location, employer, and type of claim.

When something goes wrong at work, it can be hard to know whether you have a legal case or simply an unfair situation. Maybe you were fired after speaking up. Maybe your employer ignored harassment complaints. Maybe you were denied medical leave, misclassified, underpaid, or pressured to sign a severance agreement before you had time to understand it.

The direct answer is this: you may have an employment law case if your employer’s actions violated a specific legal right — such as your right to be free from discrimination, retaliation, sexual harassment, wage theft, unpaid overtime, FMLA interference, or unlawful termination. Not every unfair workplace decision is illegal, but many employees miss valid claims because they assume nothing can be done.

This guide walks through the questions to ask before contacting an employment lawyer so you can better understand whether your situation may be worth reviewing.

Quick Summary: When Might You Have an Employment Law Case?

You may want to speak with an employment lawyer if:

• You were fired, demoted, disciplined, or pushed out after reporting discrimination, harassment, wage violations, unsafe conduct, fraud, or other unlawful activity.
• You were treated worse because of your race, sex, pregnancy, disability, age, religion, national origin, sexual orientation, gender identity, or another protected characteristic.
• Your employer ignored serious harassment or allowed a hostile work environment to continue.
• You were denied overtime, minimum wages, commissions, tips, final pay, or other earned compensation.
• You requested medical leave, family leave, pregnancy-related accommodations, disability accommodations, or FMLA leave and were punished or denied rights.
• You were offered a severance agreement and asked to waive legal claims.
• Your employer’s explanation for firing or disciplining you does not match what actually happened.

If you are unsure, that uncertainty is normal. A consultation with an employment lawyer is often about sorting the facts, identifying the legal issue, and deciding whether the timing, evidence, and damages make the case practical to pursue.

1. What Exactly Happened at Work?

Before asking whether you have a case, start by getting clear on what happened.

Employment law cases usually begin with a specific workplace action or pattern of conduct. Examples include:

• Termination
• Demotion
• Suspension
• Pay cut
• Loss of hours
• Denial of promotion
• Harassment
• Retaliatory write-ups
• Denial of leave
• Refusal to accommodate a disability or pregnancy-related need
• Unpaid overtime or withheld wages
• Pressure to resign
• A severance agreement after a layoff or termination

A vague feeling that work has become unfair may be real and important, but a legal case usually needs a clearer connection between what happened and a protected legal right.

For example, “my boss is rude” may not be enough by itself. But “my boss started writing me up after I reported sexual harassment” may raise a retaliation issue. “I was fired” may not automatically mean wrongful termination. But “I was fired two weeks after requesting FMLA leave” may deserve closer review.

If your issue involves being fired, you may also want to review Swartz Swidler’s page on wrongful termination attorneys in New Jersey and Pennsylvania.

2. Was the Workplace Action Unfair, Illegal, or Both?

This is one of the most important distinctions in employment law.

A workplace decision can be unfair, harsh, poorly managed, or unprofessional without necessarily being illegal. Employment law generally does not protect employees from every bad boss, bad management decision, personality conflict, or unfair performance review.

A workplace decision may become legally actionable when it is connected to something the law protects, such as:

• Discrimination based on a protected characteristic
• Sexual harassment or other unlawful harassment
• Retaliation for reporting illegal conduct
• Retaliation for complaining about discrimination or harassment
• Retaliation for wage complaints
• Denial of protected medical or family leave
• Failure to pay wages or overtime
• Interference with legal rights
• Violation of an employment contract or severance agreement
• Termination that violates public policy

The key question is not only “Was this unfair?” The stronger question is: What legal right may have been violated?

If you are trying to understand whether a workplace issue falls under employment law, Swartz Swidler’s employment law resources can help you explore related topics.

3. Is There a Connection to Discrimination?

Discrimination cases often turn on whether an employer treated an employee worse because of a protected characteristic.

Protected characteristics may include race, color, national origin, sex, pregnancy, age, disability, religion, sexual orientation, gender identity, and other protected categories under federal, New Jersey, Pennsylvania, or local laws.

Questions to ask include:

• Was I treated differently than coworkers outside my protected group?
• Did managers make comments about my age, race, gender, disability, pregnancy, religion, national origin, or another protected trait?
• Was I denied opportunities after disclosing a protected characteristic or requesting an accommodation?
• Did the employer enforce rules differently against me?
• Were people with similar performance or attendance issues treated more favorably?
• Did the timing of discipline or termination follow a protected disclosure, complaint, or request?

Discrimination is not always obvious. Some cases involve direct comments. Others involve patterns, inconsistent explanations, suspicious timing, or different treatment compared with coworkers.

If your concern involves discrimination in New Jersey, you may want to review Swartz Swidler’s employment attorneys in New Jersey page. If the issue happened in Philadelphia or Pennsylvania, Swartz Swidler also has a page for employment attorneys in Philadelphia.

4. Did You Complain, Report Something, or Exercise a Legal Right?

Retaliation is one of the most common reasons employees contact an employment lawyer.

You may have a retaliation issue if your employer punished you after you engaged in protected activity. Protected activity can include reporting discrimination, complaining about sexual harassment, requesting an accommodation, taking or requesting protected leave, reporting wage violations, opposing illegal conduct, participating in an investigation, or blowing the whistle on certain workplace wrongdoing.

Examples of possible retaliation include:

• You reported harassment and were suddenly written up.
• You complained about unpaid overtime and your hours were cut.
• You requested medical leave and were fired soon after.
• You reported discrimination and were excluded, demoted, or transferred.
• You participated in an investigation and management started treating you differently.
• You raised concerns about illegal practices and were pushed out.

Timing matters, but timing alone may not prove retaliation. A stronger case usually includes timing plus other evidence, such as shifting explanations, negative comments, sudden discipline, inconsistent treatment, or a pattern of hostility after the complaint.

For more on this issue, see Swartz Swidler’s guide on what evidence helps prove workplace retaliation in New Jersey and the article on FMLA retaliation.

5. Are You Being Harassed — or Is It a Legally Hostile Work Environment?

Many employees use the phrase “hostile work environment” to describe a toxic workplace. Legally, however, a hostile work environment usually requires more than a boss being rude, harsh, or difficult.

A legally significant hostile work environment often involves harassment based on a protected characteristic or protected conduct. The conduct may include slurs, sexual comments, unwanted touching, threats, repeated offensive jokes, intimidation, degrading remarks, or other conduct that changes the conditions of employment.

Questions to ask include:

• Is the harassment connected to sex, race, disability, religion, age, pregnancy, national origin, sexual orientation, gender identity, or another protected status?
• Did the behavior happen more than once?
• Did you report it to HR, management, or another supervisor?
• Did the employer ignore it, minimize it, or retaliate?
• Do you have texts, emails, witnesses, screenshots, notes, or complaints showing what happened?

If the issue involves sexual comments, unwanted advances, explicit messages, physical conduct, or punishment after rejecting advances, it may be worth reviewing Swartz Swidler’s sexual harassment resources and workplace harassment content.

 

6. Were You Paid Correctly?

Employment law cases are not limited to firing, discrimination, and harassment. Many valid claims involve wages.

You may have a wage and hour case if your employer failed to pay you correctly for the work you performed. Common issues include:

• Unpaid overtime
• Off-the-clock work
• Misclassification as an independent contractor
• Misclassification as salaried or exempt
• Unpaid commissions
• Tip violations
• Illegal deductions
• Unpaid final wages
• Timecard changes
• Failure to pay for required pre-shift or post-shift work

A common misunderstanding is that being paid a salary automatically means you are not entitled to overtime. That is not always true. Whether you are exempt from overtime depends on your job duties, pay structure, and other legal factors.

If you believe your employer owes you wages, review Swartz Swidler’s pages on unpaid wages, overtime cases, and timecard falsification.

7. Did the Issue Involve Medical Leave, FMLA, Disability, or Pregnancy?

Leave-related issues can become employment law cases when an employer denies protected leave, interferes with leave rights, refuses reasonable accommodations, or punishes an employee for needing time away from work.

You may want to speak with an employment lawyer if:

• You were fired shortly after requesting medical leave.
• Your employer discouraged you from taking FMLA leave.
• You were told you were not eligible for leave without a clear explanation.
• Your job changed after you returned from leave.
• You were punished for absences related to a serious health condition.
• You requested a disability accommodation and were ignored.
• You were treated worse after becoming pregnant or requesting pregnancy-related accommodations.
• Your employer claimed your paperwork was incomplete but did not give you a fair chance to fix it.

These cases often depend heavily on documentation, timing, eligibility, employer size, medical certification, and what was said by HR or management.

Swartz Swidler’s FMLA FAQ and related articles on FMLA retaliation and FMLA violations may help you better understand this area.

8. Were You Asked to Sign a Severance Agreement?

If your employer offered severance, you may not be in a lawsuit yet — but you may still need legal guidance.

Severance agreements often ask employees to give up important rights in exchange for payment. They may include releases of claims, confidentiality provisions, non-disparagement clauses, cooperation clauses, restrictive covenants, return-of-property terms, and deadlines to sign.

Before signing, ask:

• Am I waiving claims for discrimination, retaliation, unpaid wages, or wrongful termination?
• Is the severance amount fair based on my circumstances?
• Are there restrictions that could affect my next job?
• Does the agreement limit what I can say about what happened?
• Am I being pressured to sign quickly?
• Could I negotiate better terms?
• Does the agreement affect benefits, bonuses, commissions, stock, PTO, or unemployment?

Signing too quickly can limit your options. If you were recently terminated or laid off, it may be wise to have an employment lawyer review the agreement before you sign.

Swartz Swidler has additional guidance on severance agreements, severance negotiation tips, and severance pay in New Jersey.

9. What Evidence Do You Have?

You do not need to have perfect proof before contacting a lawyer. Many employees contact an employment attorney because they are unsure what matters.

Still, evidence can make a major difference. Helpful evidence may include:

• Termination letters
• Offer letters or employment agreements
• Severance agreements
• Employee handbooks
• Performance reviews
• Disciplinary write-ups
• Emails and texts
• Slack, Teams, or other workplace messages
• Pay stubs
• Time records
• Schedules
• Medical leave paperwork
• Accommodation requests
• HR complaints
• Witness names
• Notes about conversations
• Screenshots of harassment or retaliation
• A timeline of key events

A simple timeline can be especially helpful. Write down what happened, who was involved, when it happened, who witnessed it, what you reported, and how the employer responded.

Do not secretly record conversations without understanding the law in your state. Do not take confidential company documents that you are not legally allowed to access. Do not alter, delete, or exaggerate evidence. If you are unsure what you can safely preserve, ask an attorney.

10. What Damages or Harm Did You Suffer?

A legal case is not only about whether the employer did something wrong. It is also about what harm the conduct caused and what remedies may be available.

Possible harm may include:

• Lost wages
• Lost benefits
• Loss of future income
• Emotional distress
• Medical or counseling costs
• Damage to career opportunities
• Unpaid overtime or wages
• Lost commissions or bonuses
• Attorney’s fees where allowed
• Changes to severance terms
• Reinstatement or policy-related remedies in some cases

Some employees have strong facts but limited damages. Others have significant damages but need help proving the legal connection. A lawyer can help evaluate both parts: what happened and what it may be worth pursuing.

11. Has Too Much Time Passed?

Deadlines matter in employment law. Some claims require action within a short window, and waiting too long can limit or eliminate your options.

The deadline may depend on:

• Whether the case involves discrimination, harassment, retaliation, wages, leave, severance, contract issues, or whistleblowing
• Whether the claim arises under federal, New Jersey, Pennsylvania, or local law
• Whether you need to file with an agency before filing a lawsuit
• The date of termination, harassment, denial of leave, unpaid wages, or other unlawful act
• Whether the conduct is ongoing

Because deadlines can be complicated, it is usually better to ask sooner rather than later. Even if you are not sure you want to file a claim, getting legal guidance early can help you avoid mistakes that may weaken your position.

12. What Should You Do Before Contacting an Employment Lawyer?

Before contacting a lawyer, you do not need to prepare a perfect case file. But a few steps can make the conversation more productive:

1. Write a short timeline of what happened.
2. Gather important documents.
3. Save relevant emails, texts, pay records, schedules, and policies.
4. List the people involved and any witnesses.
5. Write down what you reported and who received the complaint.
6. Note any deadlines, severance signing dates, agency notices, or upcoming meetings.
7. Avoid posting details about the situation online.
8. Do not sign anything you do not understand.
9. Do not quit without legal guidance if you believe you are being pushed out.
10. Contact an employment lawyer if the situation involves termination, retaliation, harassment, wages, leave, discrimination, or a severance agreement.

A consultation is not a commitment to sue. It is a chance to understand your rights, your risks, and your practical options.

13. What Questions Should You Ask an Employment Lawyer?

When you speak with an employment lawyer, consider asking:

• Do the facts suggest a legal claim?
• What additional facts or documents would matter most?
• What deadlines should I know about?
• Should I file with the EEOC, NJ Division on Civil Rights, PHRC, or another agency?
• Should I keep communicating with HR?
• Should I respond to a write-up or performance improvement plan?
• Should I sign the severance agreement?
• What are the strengths and weaknesses of my situation?
• What outcomes may be realistic?
• What should I avoid doing right now?

If you want more guidance before a consultation, Swartz Swidler also has an article on what questions to ask an employment lawyer.

Common Examples of Situations That May Be Worth Reviewing

Here are examples of situations that may justify contacting an employment attorney:

Fired After Reporting Harassment

You reported sexual harassment to HR. Two weeks later, your employer wrote you up for issues that were never raised before and then terminated you.

Denied Leave for a Serious Medical Condition

You requested medical leave for surgery or a serious health condition. Your employer denied the request, pressured you to resign, or fired you after receiving medical paperwork.

Treated Differently After Pregnancy

Your employer reduced your hours, removed responsibilities, denied accommodations, or made negative comments after learning you were pregnant.

Not Paid Overtime

You regularly worked more than 40 hours per week, but your employer paid you a salary and said that meant overtime did not apply.

Pressured to Sign Severance

Your employer terminated you and offered severance, but the agreement requires you to waive legal claims and sign quickly.

Retaliated Against for Complaining About Wages

You asked about unpaid commissions, missing wages, or overtime, and your employer cut your schedule or fired you shortly after.

Harassed by a Supervisor or Coworker

You experienced repeated offensive comments, sexual remarks, racial slurs, disability-related insults, or other protected-status harassment, and the employer failed to stop it.

None of these examples guarantees a case. They are signs that the situation may deserve legal review.

 

Bottom Line: You Do Not Have to Know the Legal Answer Before You Call

Many employees hesitate to contact a lawyer because they are afraid their situation is not “serious enough” or because they do not know the right legal terms. That is understandable, but you do not need to diagnose your own case before speaking with an employment attorney.

A good employment law consultation should help you understand:

• Whether the facts suggest a possible claim
• What evidence may matter
• What deadlines may apply
• What mistakes to avoid
• Whether negotiation, agency action, litigation, or another step makes sense

If you believe you were wrongfully terminated, retaliated against, discriminated against, sexually harassed, denied leave, underpaid, or pressured to sign a severance agreement, Swartz Swidler LLC can help you sort through what happened and explain your options. The firm represents employees in New Jersey, Pennsylvania, Philadelphia, and South Jersey, and can help you determine whether your workplace issue may justify legal action.

To discuss your situation, contact Swartz Swidler LLC through the firm’s website or call the office to speak with someone about your employment law concerns.

 

 

Frequently Asked Questions

Do I need proof before contacting an employment lawyer?

No. You do not need perfect proof before contacting an employment lawyer. It helps to gather emails, texts, pay records, write-ups, policies, witness names, and a timeline, but part of a lawyer’s role is helping you understand what evidence matters.

Is being fired unfairly the same as wrongful termination?

Not always. A firing can feel unfair without being illegal. Wrongful termination usually means the firing violated a specific legal right, such as protection against discrimination, retaliation, whistleblower punishment, protected leave interference, wage complaints, or termination that violates public policy.

What if my employer gave a false reason for firing me?

A false or shifting explanation can matter, especially if there is evidence the real reason involved discrimination, retaliation, leave, wages, or another protected issue. An employment lawyer can help compare the employer’s stated reason with the timeline, documents, and treatment of other employees.

Can I have a case if I quit?

Possibly. Some employees resign because the workplace becomes intolerable or because they believe they are being forced out. These cases can be difficult and fact-specific, so it is often better to speak with a lawyer before quitting if you believe your employer is pushing you out unlawfully.

Should I talk to HR before calling a lawyer?

It depends on the situation. In some cases, reporting the issue internally may help create a record and give the employer a chance to correct the problem. In other cases, especially where termination, retaliation, severance, or serious misconduct is involved, legal guidance before additional communication may be safer.

Can I sue my employer for harassment?

You may have a harassment claim if the conduct is connected to a protected characteristic, such as sex, race, disability, religion, age, pregnancy, national origin, sexual orientation, gender identity, or another protected category, and the behavior is serious or persistent enough to affect your work environment. Harassment claims depend heavily on facts and evidence.

What if I was fired after requesting FMLA leave?

Being fired after requesting or taking FMLA leave may raise legal concerns, especially if the timing is suspicious or the employer’s explanation does not match the facts. FMLA retaliation and interference claims can involve eligibility, paperwork, timing, medical documentation, and employer conduct.

Do I have a case if my employer did not pay overtime?

You may have a wage and hour claim if you worked more than 40 hours in a workweek and were not paid overtime, unless a valid exemption applies. Being salaried does not automatically mean you are exempt from overtime. Job duties and pay structure matter.

Should I sign my severance agreement before talking to a lawyer?

It is usually wise to have a lawyer review a severance agreement before signing, especially if you are giving up legal claims, accepting restrictions, or facing a short deadline. Once you sign, your options may become limited.

How soon should I contact an employment lawyer?

Sooner is usually better. Employment law deadlines can be short, evidence can disappear, and workplace decisions can affect your options. Even if you are unsure whether you have a claim, early guidance can help you avoid mistakes.