A reader writes:
I am a long time reader. I often see you advise writers to consult a lawyer. You also once mentioned how to tell your current employer that you are bringing in a lawyer.
I’m asking for advice on an ADA matter, but I’ve encountered a strange problem. It seems that these days, most companies have a policy whereby they will not talk to you about your current employer. I’ve actually been told by several companies to “call back when I’m fired.” If there’s a possibility that I’m wrong, I need to know now, before things get this far.
I suspect this is a result of companies using a contingency model where they only get paid if you win a lawsuit or settlement. This is great if you already have a case to file (such as being wrongfully fired) but not so good if you are still trying to avoid it and just need some advice.
I tried to find a firm that would let me pay an hourly fee, but I couldn’t find any. Is there anything else I can do, or am I out of luck? Do employment lawyers no longer provide advice?
I asked the employment lawyer john hyman Of vikens harzer panzawho writes incredibly useful Ohio Employer Law Blog and its author The Employer Bill of Rights: A Manager’s Guide to Workplace LawTo think about it. Here is his very useful answer:
Most plaintiff-side employment barriers have shifted to the contingency model. No expiration, no apparent damage, no cases – at least not one that they could monetize. Therefore they perform aggressively. Pre-termination counseling? It’s hard to evaluate, hard to conquer, and hard to measure.
But that doesn’t mean the advice has disappeared. It just means that your reader is looking in the wrong places.
First, not every employment lawyer works on contingency. Many – especially management-side lawyers – bill hourly and regularly advise on ADA compliance, accommodations, and interactive process issues. Yes, they generally represent employers. But many people will consult individuals on a paid basis. Your reader is not asking them to sue anyone, but for guidance.
Second, look beyond “employment litigation” firms. Search for “employment consulting,” “HR compliance,” or even “labor and employment boutique.” Those practices are built around advice, not lawsuits.
Third, consider bar association referral services. They often direct you to attorneys willing to do small, paid consultations.
Lawyers still give advice. All you have to do is find people who pay to prevent problems rather than profit from them.
