How much does a wrongful termination lawyer cost?
How much does a wrongful termination lawyer cost?
$250 – $500 average cost per hour
25% – 40% average contingency fee
Average wrongful termination lawyer cost
Most wrongful termination lawyers work on either an hourly rate or a contingency fee basis. Attorneys charge $250 to $500 per hour, depending on their experience, location, and the complexity of the case. Contingency fees for wrongful termination cases range from 25% to 40% of the settlement amount.
| Fee type | Average cost |
|---|---|
| Hourly rate | $250 – $500 per hour |
| Contingency fee | 25% – 40% of settlement amount |
| Retainer fee | $2,000 – $15,000 |
Hourly rate
Wrongful termination lawyers charge $250 to $500 per hour on average, though rates vary significantly based on the attorney's experience and location. With this fee structure, you'll pay for all time the attorney spends on your case, including consultations, research, document preparation, phone calls, emails, and court appearances.
This payment structure works best for straightforward cases that may settle quickly or for clients who prefer more control over legal costs. However, bills can add up quickly if your case becomes complex or goes to trial.
Contingency fee
With a contingency fee arrangement, your lawyer only gets paid if you win your case or reach a settlement. The attorney takes a percentage of your final award, typically between 25% and 40%.
The percentage often increases if the case goes to trial rather than settling. For example, an attorney might charge 30% for a pre-trial settlement but 40% if the case proceeds to court.
This payment structure makes legal representation accessible to people who cannot afford upfront legal fees. You won't owe attorney fees if your case is unsuccessful, though you may still be responsible for certain case expenses.
Retainer
A retainer is an upfront payment that serves as a deposit for the lawyer's services. The attorney draws from this retainer as they work on your case, usually at their hourly rate. When the retainer is depleted, you may need to replenish it to continue representation. Retainer fees for wrongful termination cases typically range from $2,000 to $15,000.
Some lawyers combine retainer fees with hourly billing, while others may use a retainer to cover initial case evaluation and filing costs before switching to a contingency arrangement.
Wrongful termination lawyer cost factors
Several factors may influence the cost of hiring a wrongful termination lawyer:
Consultation fee: Many wrongful termination lawyers charge a fee for an initial consultation, often equal to their hourly rate.
Attorney's experience & reputation: Lawyers with several years of experience specifically in wrongful termination cases may have higher contingency fees or hourly rates than less experienced lawyers. Well-known lawyers with a higher success rate usually charge more than average.
Case difficulty: Complex cases that involve multiple court filings or litigation take longer and are more costly than straightforward cases.
Geographical location: Attorneys in major metropolitan cities or areas with a higher cost of living tend to charge higher rates than those in rural or suburban areas.
Additional fees: Some attorneys bill separately for court filing fees, document preparation, expert witnesses, and other services.
What is wrongful termination?
Wrongful termination occurs when an employer fires an employee for illegal reasons or in violation of a contract. Most employment in the United States is "at-will," meaning employers can terminate workers for any reason that's not illegal.
However, employers cannot fire employees based on:
Discrimination
Retaliation
Violation of public policy
Breach of contract
Whistleblowing
Discrimination is a common cause for wrongful termination. Federal laws protect employees from being fired based on specific protected classes, including:
Race
Age
Gender
Religion
Disability
National origin
Pregnancy
Retaliation cases involve firing someone for engaging in protected activities like reporting workplace safety violations, filing discrimination complaints, or participating in investigations.
Can you sue for wrongful termination?
Yes, you can sue for wrongful termination if your employer violated federal or state employment laws, breached an employment contract, or fired you for discriminatory or retaliatory reasons.
Before filing a lawsuit, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state's fair employment agency for discrimination or retaliation claims. The agency will investigate your claim and either pursue action against your employer or issue you a "right to sue" letter, which allows you to file a lawsuit in court.
How long does a wrongful termination case take?
Wrongful termination cases typically take 6 months to 3 years to resolve, depending on the case complexity and whether the case settles or goes to trial. The administrative process with the EEOC or state agency alone can take 6 to 10 months. If you proceed to file a lawsuit after receiving a right-to-sue letter, the case could take an additional year or longer.
Cases that settle during mediation or early negotiations resolve much faster than those that proceed through discovery and trial. Your attorney can provide a more accurate timeline based on your specific circumstances.
What type of lawyer do I need for wrongful termination?
You need an employment lawyer or labor lawyer who specializes in wrongful termination cases. These attorneys understand employment law, discrimination statutes, and the complexities of workplace disputes. The right lawyer will have a track record of successful wrongful termination cases.
Look for attorneys with specific experience in employee representation, as some lawyers primarily represent employers.
How much can you get for suing your employer?
Wrongful termination settlements and jury awards vary widely, ranging from $5,000 to $500,000 or more, depending on factors like lost wages, emotional distress, and punitive damages.
Compensation typically includes back pay (lost wages from termination to settlement), front pay (future lost earnings), emotional distress damages, and sometimes punitive damages if the employer's conduct was particularly egregious.
Federal law caps compensatory and punitive damages based on employer size, ranging from $50,000 for small employers to $300,000 for large companies. Some state laws allow for higher damages.
How often are wrongful termination cases won?
Wrongful termination cases are challenging to win, with employees prevailing in approximately 20% to 30% of cases that go to trial. However, many cases settle before reaching court. Settlement rates are higher than trial win rates because employers often prefer to avoid the publicity and expense of a trial.
An experienced attorney can help you assess the strength of your case, which depends heavily on the available evidence. Cases with clear documentation of discriminatory behavior, witnesses, or written policies have better success rates.
Signs that you have a strong case:
You have written evidence like emails, texts, or documents showing discriminatory language or illegal motives for your termination.
Your firing occurred shortly after you engaged in protected activity such as filing a complaint, reporting harassment, or requesting accommodation.
You have witnesses who can corroborate discriminatory treatment or policy violations.
Your employer's stated reason for termination contradicts their documented performance reviews or previous communications.
Your employer treated similarly situated employees outside your protected class more favorably in comparable situations.
Your employer violated the terms of a written employment contract or employee handbook.
Signs that your case may be difficult to win:
You lack documentation or physical evidence to support your claims.
Your employer has well-documented performance issues or policy violations on your record.
Significant time has passed since your termination, making evidence harder to gather and memories less reliable.
Your case relies solely on your testimony without corroborating witnesses or documents.
The employer has a legitimate, non-discriminatory reason for termination that's well-documented.
You continued the problematic behavior after receiving warnings or corrective action.
How to find a wrongful termination lawyer
Follow these steps to help you find the best wrongful termination lawyer near you:
Read reviews from other clients on Lawful and Google.
Confirm the attorney has plenty of experience working specifically on cases like yours.
Choose a law firm with a transparent fee structure.
Have an initial consultation to see if your case is viable.
Get a contract in writing before you start.
Questions to ask an employment attorney
When evaluating attorneys for a wrongful termination lawsuit, ask these questions:
How long have you been practicing employment law?
Have you ever worked with this employer before?
Can you walk me through the basics of this case and the litigation process?
Do you charge an hourly rate or a contingency fee?
Do you offer a free consultation?
Will any other lawyers or paralegals be helping with my case?
Do you have any potential conflicts of interest?
How long should this court case take?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.