ANATOMY OF A WAGE & HOUR LAWSUIT
So you think you might have a claim against your employer. What now?
Asserting your wage rights can feel daunting, but it shouldn’t. Biller & Kimble will be by your side every step of the way, and will do most of the heavy lifting.
First, you should contact our office for a free consultation. We will ask you questions that our experience tells us are relevant to your possible claims, and listen to the facts and circumstances surrounding your employment. If we think there is something we can do to help you, we will send you a representation agreement, and open your case file.
Our typical representation agreement will explain that our firm does not get paid unless you get paid, and that we will advance all costs relating to the case. If we are successful, Biller & Kimble would usually receive 1/3 of what we are able to get for you plus reimbursement of advanced costs. On certain kinds of cases, we are able to reduce this amount, maybe even to zero, by seeking our fees from your employer. If we are unsuccessful, you will not pay us anything.
Once you become our client, our relationship will be subject to attorney-client privilege, which means all communications between us should remain confidential.
From there, we will step in as your advocate. We will handle all of the communications with your employer and their attorneys. We will work with you to gather the relevant facts and documents from your employment, and use that information to build your case.
As the lawsuit progresses, we will keep you informed on strategies we intend to use to achieve a successful result, update you with the relevant filings in the case, and, obviously, confer with you on settlement possibilities and your ultimate goals for the case. Any settlement decision is ultimately up to you, but we will not ask you to make any decisions without properly informing you of the pros and cons of each of your options.
If your case is filed as a class action, you also have special duties to your co-workers as class representative. As class representative, you get an opportunity to ensure that your co-workers – past, current, and future – are receiving the wages they are entitled to under the law. You will agree to represent the whole class’s best interests, not just your own best interests. Before the case can be resolved, you will have to approve the settlement.
While filing a lawsuit feels complicated, and maybe a little intimidating, Biller & Kimble will serve as your advisor and confidant throughout the process. We take on the fight so that you don’t have to. If you have questions about how a lawsuit would work, feel free to give us a call and ask.