Updated June 2026
If you are contacting an employment lawyer, you do not need to say everything perfectly. You do not need to know the exact legal claim. You do not need to sound like an attorney. What matters most is that you are honest, organized, realistic, and prepared to explain what happened.
Employment lawyers evaluate potential cases based on facts, evidence, timing, damages, deadlines, employer size, the law involved, and whether the available information may support a claim. A strong first conversation is usually calm, fact-focused, and supported by documents when possible.
You may be reaching out because you were fired, harassed, discriminated against, denied wages, retaliated against, denied medical leave, punished for whistleblowing, or pressured to sign a severance agreement. Before contacting an attorney, it helps to understand how to explain a possible wrongful termination, workplace discrimination, sexual harassment, unpaid overtime, FMLA or medical leave, whistleblower, or retaliation issue.
Direct Answer
When contacting an employment lawyer, avoid exaggerating your case, demanding a guaranteed outcome, threatening publicity, hiding important facts, refusing to provide documents, or focusing only on anger instead of evidence. A better approach is to explain what happened, when it happened, who was involved, what documents exist, and what employment issue you need help understanding.
Questions about a workplace issue? Call Swartz Swidler at 856.685.7420 or submit an employment law claim online.
Before You Contact an Employment Lawyer
The strongest first conversation is usually clear, organized, and fact-focused. You do not need to present a perfect legal theory. You should be ready to explain the main facts in order, identify the documents you have, and be honest about anything that may hurt your case.
Before you contact an employment lawyer, try to gather:
- your termination letter, separation notice, or resignation communications;
- HR complaints, emails, texts, Slack messages, Teams messages, or voicemails;
- performance reviews, write-ups, schedules, pay stubs, timecards, or wage records;
- medical leave paperwork, doctor’s notes, FMLA forms, or accommodation requests;
- severance agreements, releases, non-disparagement language, or deadline notices;
- unemployment paperwork and the employer’s response, if available;
- names of witnesses or coworkers with similar experiences; and
- a short timeline of what happened.
If you are unsure whether your situation may involve employment law, you can review Swartz Swidler’s Employment Law FAQ for NJ and PA employees or submit an employment law claim online.
A productive employment law consultation usually starts with clear facts, organized documents, realistic expectations, and honest answers.
What Not to Say to an Employment Lawyer
The goal of this article is not to make employees nervous about contacting a lawyer. It is to help you avoid statements that can make it harder for an attorney to evaluate your case. Employment law claims are often fact-specific, and the details matter.
1. “This is an easy win.”
Employment law cases are rarely easy. Even strong cases require evidence, legal analysis, deadlines, witness review, damages review, and a strategy for proving what happened. A case that seems obvious to the employee may still be difficult to prove if the employer has a different explanation or if key documents are missing.
A better approach is to say:
“Here is what happened, here is why I think it was unlawful, and here are the documents I have.”
If your issue involves being fired, it may help to review what can make a wrongful termination claim legally actionable.
2. “I will not settle for less than seven figures.”
It is understandable to feel angry after being mistreated at work. However, starting with an unrealistic demand can make it harder to have a productive legal conversation. Employment cases depend on liability, damages, evidence, mitigation, emotional distress, available remedies, statutory limits, risk, and the employer’s ability and willingness to resolve the case.
A better approach is to say:
“I want to understand what my case may realistically be worth and what options may be available.”
If you have been offered money in exchange for signing a release, review what employees should know about severance agreements before making a decision.
3. “My employer will settle to avoid bad publicity.”
Some employees assume an employer will quickly settle because the facts are embarrassing. That is not always how employment disputes work. Many employers defend claims aggressively, even when the allegations are serious. Publicity is not a substitute for evidence.
A better approach is to focus on what can be proven: documents, timelines, witnesses, employer explanations, and evidence of discrimination, harassment, unpaid wages, leave interference, whistleblower retaliation, or another legal issue.
4. “You are the seventh lawyer I have contacted.”
It is completely reasonable to speak with more than one attorney. Employment law is specialized, and not every lawyer accepts every type of case. But leading with the number of attorneys who declined your case may unintentionally shift the conversation away from the facts.
A better approach is to say:
“I am trying to understand whether I have a viable employment law claim. Here are the facts and documents.”
5. “Other lawyers said they would charge less.”
Different lawyers use different fee structures depending on the claim, case stage, risk, damages, and amount of work required. Some matters may be handled hourly, some may involve a contingency fee, some may involve a hybrid arrangement, and some may not be financially practical for a private lawyer to accept.
A better approach is to ask:
“Can you explain your fee structure and what costs or fees I should expect?”
If you need no-cost or reduced-cost assistance, legal aid organizations may be available depending on your location, income, and type of legal issue.
6. “My last lawyer threw me under the bus.”
If you previously worked with another lawyer, explain what happened calmly and factually. A new attorney will want to understand whether there were missed deadlines, withdrawn claims, settlement discussions, fee issues, communication problems, or strategic disagreements.
A better approach is to say:
“I previously worked with another attorney. Here is what happened, where the case stands, and what I need help with now.”
7. “Your staff told me something different.”
Law firm staff often help gather information, schedule calls, and explain basic intake steps. They usually cannot fully evaluate a legal claim without attorney review. If there is confusion, keep the conversation respectful and ask for clarification.
A better approach is to say:
“I may have misunderstood something during intake. Can you clarify the next step?”
8. “I want you to represent me for free.”
Many employees are under serious financial pressure when they contact an employment lawyer. That is understandable. But private employment law firms cannot accept every matter for free, and not every case qualifies for a contingency arrangement.
A better approach is to ask:
“Do you offer contingency, hourly, flat-fee, or consultation options? If not, are there other resources I should consider?”
New Jersey employees who need free civil legal assistance may want to contact Legal Services of New Jersey. Pennsylvania employees may want to review resources through the Pennsylvania Legal Aid Network. Eligibility and available services depend on the organization, income, location, and legal issue.
9. “I want to negotiate the fee before you review my documents.”
It is fair to ask about fees. It is also fair for an attorney to explain that the fee structure depends on the type of claim, the documents, the damages, the deadlines, and the amount of work involved.
A better approach is to say:
“What information do you need in order to determine whether the firm can help and what the fee structure may be?”
10. “I forgot my appointment.”
Missing an appointment without notice can make it harder for a lawyer to evaluate your matter, especially when deadlines are approaching. Employment lawyers often have limited consultation availability, and missed appointments can delay other employees who need help.
A better approach is to contact the office as soon as possible if you need to reschedule.
11. “I did not complete the questionnaire.”
If a law firm asks you to complete an intake questionnaire, that information is usually important. The lawyer may need to know your employer’s name, job title, dates of employment, reason for termination, complaint history, pay information, damages, deadlines, and documents.
A better approach is to complete the questionnaire as accurately as you can. If you do not know an answer, say that. Do not guess about important dates or facts.
12. “I did not bring the paperwork you requested.”
Documents help lawyers evaluate whether the facts support a legal claim. If you do not provide the documents the attorney requested, the lawyer may not be able to give meaningful guidance.
Helpful documents may include termination letters, HR complaints, pay stubs, schedules, timecards, emails, text messages, medical leave paperwork, doctor’s notes, performance reviews, severance agreements, and unemployment documents. The right documents depend on whether your issue involves termination, discrimination, harassment, unpaid wages, medical leave, whistleblowing, or retaliation.
13. “I already did all the legal research.”
Research can be useful, but employment law is technical and fact-specific. Online research may not account for jurisdiction, deadlines, employer size, damages, exemptions, administrative filing requirements, or recent legal developments.
A better approach is to say:
“I did some research, but I would like to understand how the law applies to my facts.”
14. “I only want revenge.”
Anger is common after workplace mistreatment. But legal claims are not built on revenge. They are built on facts, evidence, legal rights, damages, and remedies the law allows.
A better approach is to explain what happened and what you need help understanding, such as lost wages, job loss, retaliation, unpaid wages, harassment, discrimination, severance, or medical leave issues.
15. “I do not want to mention facts that make my case look bad.”
Do not hide facts from your lawyer. If there are write-ups, policy violations, performance issues, difficult emails, attendance problems, prior complaints, or disputes with coworkers, the attorney needs to know. Bad facts do not always destroy a case, but surprises can.
A better approach is to say:
“Here are the facts that help me, and here are the facts I am worried may hurt me.”
What You Should Say Instead
A productive first conversation usually sounds something like this:
Helpful way to explain your workplace issue
“I worked for my employer from [date] to [date]. My job was [job title]. The main issue is [termination / harassment / discrimination / unpaid wages / retaliation / medical leave / whistleblowing / severance]. Here is what happened in order. Here is what I reported, who knew, and what changed afterward. I have documents including [emails, texts, pay stubs, write-ups, leave paperwork, severance agreement, or termination letter]. I would like to understand whether I may have a claim and what my next step should be.”
Documents to Gather Before Contacting an Employment Lawyer
| Issue | Documents that may help | Related resource |
|---|---|---|
| Wrongful termination | Termination letter, unemployment documents, performance reviews, HR complaints, witness names. | Wrongful termination attorneys |
| Discrimination or harassment | Complaints, emails, texts, witness names, discriminatory comments, comparator evidence. | Workplace discrimination lawyers |
| Retaliation | Original complaint, employer response, timeline, write-ups, demotion records, termination notice. | How to prove workplace retaliation |
| Wage or overtime issue | Pay stubs, timecards, schedules, texts about hours, tip records, salary change notices. | FLSA wage and hour attorneys |
| FMLA or medical leave | Leave requests, doctor’s notes, FMLA forms, return-to-work notes, accommodation requests. | FMLA and medical leave lawyers |
| Severance agreement | Severance agreement, release, deadline notice, termination documents, evidence of possible claims. | Severance agreement review |
Frequently Asked Questions
Do I need to know the exact legal claim before contacting an employment lawyer?
No. You do not need to know whether your issue is legally called discrimination, retaliation, wrongful termination, wage theft, FMLA interference, or something else. Explain the facts clearly and let the lawyer evaluate the potential claims.
Should I tell the lawyer facts that hurt my case?
Yes. You should be honest about facts that may hurt your case, including write-ups, attendance issues, performance concerns, prior complaints, or difficult messages. An attorney can only evaluate risk if they know the full picture.
What documents should I send before an employment law consultation?
Helpful documents may include termination letters, HR complaints, emails, texts, pay stubs, schedules, timecards, leave paperwork, doctor’s notes, performance reviews, severance agreements, and unemployment records.
Can I contact an employment lawyer if I am still employed?
Yes. Employees often seek legal guidance before resigning, before signing severance, during harassment or retaliation, after a leave dispute, or while trying to preserve evidence. You should be careful about using employer devices, email accounts, or systems to communicate about legal issues.
What if another lawyer already declined my case?
Another lawyer declining your case does not always mean you have no claim. Lawyers may decline cases because of deadlines, damages, conflicts, capacity, fee structure, location, or practice focus. Be honest about who you contacted and what happened if asked.
What is the best way to prepare for a consultation?
Write a timeline, gather key documents, identify witnesses, save communications, list the main events in order, and be ready to explain what happened without exaggeration.
Helpful Resources Before You Contact an Employment Lawyer
- Submit an employment law claim online
- Employment Law FAQ for NJ and PA employees
- Wrongful termination attorneys
- Workplace discrimination lawyers
- Sexual harassment attorneys
- How to prove workplace retaliation
- FLSA wage and hour attorneys
- FMLA and medical leave lawyers
- What employees should know about severance packages
Talk to an Employment Lawyer About Your Workplace Issue
If you believe your employer violated your rights, the best first step is to explain what happened clearly and preserve the evidence that may help. You do not need to have all the answers before asking for help.
Need help understanding your employment law options?
If your workplace issue involves termination, discrimination, harassment, retaliation, unpaid wages, medical leave, whistleblowing, or severance, Swartz Swidler can help you understand whether you may have a claim.
Submit an employment law claim or call Swartz Swidler at 856.685.7420.
This page is for general informational purposes only and is not legal advice. Employment law claims depend on the facts, applicable law, deadlines, employer size, employee status, damages, available evidence, and where the claim is filed.
