No Win No Fee Employment Lawyers in Massachusetts

A no win, no fee lawyer gets paid for representing a client in a case only if the case is won. This means that if the case is lost, the client does not have to pay their lawyer any fee at all. Their lawyer assumes the risk that the case may be lost and does not collect a fee if it is.

What Does “No Win, No Fee” Mean?

“No win, no fee” is a term that refers to the fact that the lawyer charges their client what is called a “contingency fee” in legal terminology. As noted above, this means that the lawyer’s fee is contingent on whether the client’s case is won or lost. A lawyer who charges a contingency fee collects a percentage of any amount of money they win for their client in their case. So, if the case is lost, the lawyer would not collect any fee at all for their representation.

The client may have to cover the costs of litigation. There are costs to filing a lawsuit and contingency lawyers sometimes require the client to cover some or all of the costs. The client might be reimbursed from an award of money damages, if they receive one in their case. If the lawyer pays the costs, they may be reimbursed from the damages award.

For example, whether the case is won or not, the following expenses may have to be paid:

• Court Fee for Filing: Courts charge a fee to file a civil complaint. A complaint for disability discrimination or wrongful termination would be a civil case. There would then be additional fees for serving the complaint on the defendant, filing motions, and filing any appeals. These costs have to be paid whether or not the case is won.
  • For example, the Superior Courts in Massachusetts handle civil actions in which damages of more than $50,000 are sought. The filing fee is about $240. Massachusetts’ District Courts handle civil claims seeking up to $50,000 in damages; the filing fee in District Courts is about $195.
• Copying Costs: An individual can expect their lawyer to copy large numbers of documents in the course of preparing and trying a civil case. The copying fees can add up to hundreds of dollars.
• Preparation of Transcripts: There may be hearings on motions before a case goes to trial, and there is a charge for preparation of a transcript of the hearing. A lawyer has to have depositions of witnesses with information about a case. Transcripts must be ordered, and there are charges for these also.
• Expert Witness Fees: An employment case may require the opinion of an expert witness. For example, an economist might be necessary. They would analyze the economic effect of the victim’s firing on their future employment, if they were fired.
  • Or, a statistician may be required to analyze data from a worker’s former workplace regarding the effect of the employer’s practices on different groups, e.g., members of different racial groups or people of different genders. These expert witnesses would have to be paid whether or not the worker’s case is won.

Again, no win, no fee employment lawyers may pay the costs themselves, or they may ask the client to pay these costs, or a portion of them, whether or not they prevail in the case. If the case is won and the client paid the costs, the client might be reimbursed for their payments. If their lawyer fronted the money to pay costs in a winning case, they might be reimbursed for their payments.

How Much Is the Fee?

A Massachusetts state lawyer who charges a contingency fee charges a percentage of any award of money damages that they win for their client. A no win, no fee lawyer may charge a different percentage depending on the stage of the case at which it comes to a positive conclusion. For example, the lawyer may charge between 30 to 33% of the money recovered, if the case comes to a conclusion soon after the complaint is filed.

If the case is settled shortly before the trial begins, the percentage may go up to 40%. If the case goes to trial, the fee may rise to 50%. These amounts are estimates only.

An individual always wants to ask their lawyer what fee they are going to charge them. Again, as noted above, the contingency fee agreement may provide that the costs of litigation would be reimbursed from the award of money damages, if there is one. The percentage might be applied either before costs have been deducted or after.

What Types of Employment Cases Use “No Win, No Fee” Fees?

Attorneys do not take every case involving employment law on a no win, no fee basis. Lawyers most often charge a contingency fee in those lawsuits in which the plaintiff seeks an award of money damages, possibly an award that would be substantial, because this award is what yields the contingency fee.

Wrongful termination cases are frequently handled this way, especially when the firing violates such federal laws as the federal CRA, which, as noted above, prohibits termination of employment based on race, gender or other protected characteristics.

Complaints that allege violations of the ADEA or the ADA are also commonly taken on by a lawyer on a contingency fee basis. The potential for awards of back pay and other money damages makes these claims appropriate for no win, no fee representation.

What Are the Employment Laws in Massachusetts?

• Massachusetts Minimum Wage: At $15.00 per hour, the Massachusetts minimum wage is one of the highest in the U.S., currently set at $15.00 per hour. It is more than twice the federal minimum wage. Employees who earn tips must make at least $6.75 per hour and tips must raise their hourly pay rate to $15.00.
• Overtime Rules: Non-exempt employees must earn 1.5 times their regular hourly pay rate for hours worked over 40 in a workweek.
• Breaks: Employees working more than 6 hours must receive a 30-minute unpaid meal break. The law does not require other, shorter breaks.
• Sick Leave: Massachusetts law requires employers to provide employees with paid sick leave.
• Family Leave: Massachusetts also requires that employers offer their employees paid family leave.
• Final Paychecks: Terminated employees must be paid all wages owed on their final workday, while those who resign must receive their final paycheck by the next scheduled payday.
• Premium Pay for Retail Workers: Some retailers must provide employees with premium pay for working on Sundays and holidays.
• Independent Contractors: The test used to determine if an individual is an independent contractor in Massachusetts is very strict.
• Leave Laws Exceed Federal Requirements: The law in Massachusetts offers options for job-protected leave that exceed what is required by federal law. Parental leave and domestic violence leave are available to Massachusetts workers.

There are also many significant federal laws that regulate employers and workplaces in Massachusetts, although, as noted above, Massachusetts law often offers workers better benefits and protections than do federal laws.

Nonetheless, there are many important federal laws that regulate workplaces, such as the following:

• Title VII of the Civil Rights Act (CRA): Under the CRA, employers are banned from discriminating against their employees on the basis of gender, race, color, religion, or national origin. Both private employers and local, state, and federal governments and their agencies are included in the definition of “employer.”
• The Equal Pay Act (EPA): The EPA protects employees from gender-based pay discrimination. Employees must receive equal pay for equal work.
• The Age Discrimination in Employment Act (ADEA): Employees who are 40 years and older cannot be subjected to age discrimination because of the ADEA. Such conduct as forcing employees to retire at a certain age is prohibited.
• The Americans with Disabilities Act (ADA): The ADA prohibits discrimination against workers based on their disability status. Per the ADA, employers must provide disabled employees with the reasonable accommodations they need to do their jobs.
• The Immigration Reform and Control Act (IRCA): The IRCA requires employers to engage in certain practices in connection with their employees’ immigration status. For example, it addresses when and how an employer should verify that employees are eligible to work in the U.S.
• The Family and Medical Leave Act (FMLA): The FMLA sets the rules regarding why, how and when employees may take unpaid medical leave. Among other provisions, it protects an employee from being fired while on approved medical leave.

Often, if a person claims that their employer violated federal law, e.g., they claim they were the victim of employment discrimination, they must first submit their claim to the federal Equal Employment Opportunity Commission (EEOC). The EEOC investigates the allegations and may take action itself. Or, it may issue a right-to-sue letter to the person, who can then hire a lawyer and file a lawsuit. In a legal consultation in Massachusetts state, a person would be able to learn whether they must first file their claim with the EEOC.

What Do Employment Lawyers Do in Massachusetts?

An employment lawyer may work with employers to review its employment policies and procedures in order to avoid problems in connection with job applicants and employees. They would want to ensure that their practices comply with all applicable Massachusetts and federal laws.

In addition, an employment lawyer may represent clients in cases that involve violations of the federal or Massachusetts laws summarized above. For example, if a worker has been the victim of wage theft, because they have not been paid the wages they are owed, under Massachusetts law, the worker can file a private lawsuit against their employer.

In their lawsuit, the worker would be able to recover the wages that are owed to them, and possibly fees, and other related expenses.

As an example of wage theft, in Massachusetts, a waitress must be paid the minimum wage. If they do not collect enough tips to make their wages amount to the minimum wage on average, their employer must make up the difference. If their employer does not pay as required by law, the waitress may file a lawsuit to collect the wages they are owed.

If an individual’s employer has withheld their pay, the employer may even be charged with a crime and the first offense could lead to a fine of up to $10,000 from the Wage and Hour Division of the federal U.S. Department of Labor.

An individual may believe that they have not been paid for all the hours they have worked or were not paid what they are legally owed, e.g., premium pay for working on Sunday or on a holiday. Filing a claim for wage theft would involve collecting all relevant documents that support their claim, filing a lawsuit and then waiting for a result.

An individual might feel that they want a lawyer’s help in collecting together their documentation and dealing effectively with the legal system. A lawyer may represent the individual on a flat fee or hourly fee basis.

Many other types of cases are possible. An individual who has a written employment contract that their employer has breached by failing to pay them what was promised in the contract or firing them in violation of the contract’s terms could sue their employer for breach of contract.

An employee may have signed a non-compete agreement (NCA) with a previous employer that they may fear they would breach in accepting employment with another business. They may need a legal consultation in Massachusetts state to review their NCA and prospective new employment in order to avoid a lawsuit.

Both Massachusetts state employment laws and federal employment law cover a wide variety of issues in the workplace, and a Massachusetts employment lawyer may deal with any of them. A Massachusetts lawyer might also represent either employers or employees.

What Are Other Types of Employment Lawyer Fee Arrangements in Massachusetts?

The other main types of legal fees charged by Massachusetts employment lawyers are the hourly fee and the flat fee. In an hourly fee arrangement, the lawyer charges a set amount, e.g., $350, for each hour they spend working on a client’s case. The lawyer carefully tracks the time they spend on a case and bills the client, usually monthly, for the total amount of time they worked in that month.

In a flat fee case, a lawyer tells the client at the beginning of the case the total fee that they would charge them for handling the case from beginning to end.

How Much Does an Employment Lawyer Cost in Massachusetts?

Of course, the legal fees that a lawyer charges in Massachusetts depends on a number of factors. One is the type of fee, whether it is a contingency, hourly or flat fee. In a case in which the lawyer takes a percentage of an award of money damages won for the client, they might make a significant sum of money. It would depend on the percentage and the amount of the award they win.

A lawyer might charge an hourly fee in a straightforward wage theft case. In a case such as this, they might earn a fee that amounts to several hundred dollars. In a flat fee case, it depends on the nature of the case and the fee the lawyer agrees to accept. But the total fee might be in the neighborhood of $1500 to $2500. A lawyer charges more if they know that a case is going to demand more time and effort than another.

The employment lawyer cost would also depend on where the lawyer does business. In big cities, such as Boston, lawyers are likely to charge higher fees than they would in small towns and rural areas.

An individual should always ask their lawyer to explain the fee they plan to charge them in their case. They should have a written agreement with their lawyer which clearly states the fee arrangement.

An individual should understand how they are going to be charged. They should know what their lawyer’s representation will cost per hour if the lawyer charges them an hourly fee. Or, they should know how much they will pay in total, if the lawyer charges a flat fee. If the lawyer plans to charge a contingency fee, the client wants to know what the percentage is and how costs are to be paid.

Do I Need To Hire a Massachusetts Employment Law Attorney?

If you have a problem that involves your employment, you want to talk to a Massachusetts employment lawyer. The problem may be one of a number of possible problems. For example, an employer may want you to sign a non-compete agreement before they hire you, and you may not be sure if it is in your interest to sign it.

Your problem may involve wage theft because your employer did not pay you what you are owed under wage laws. Your employment may have been wrongfully terminated, or your employer may have denied you the reasonable accommodations you need for your disability.

Whatever the reason, you want to have a Massachusetts employment lawyer review your situation and advise you as to the best next step for you to take. Your lawyer can help you get the pay to which you are entitled by law or your contract. Your lawyer can protect your right to fair treatment in the workplace or get you the relief you deserve if your employer violates the law.