Frequently Asked Questions For Employment Law

Frequently Asked Questions For Employment Law

Each person’s case is unique. The following is intended to be nothing more than information pertaining to commonly asked questions and is intended for no purpose other than to give some general information regarding what a client might expect and what may occur. Some of the following may apply to your case, all of the following may apply to your case, or none of the following may apply to your case. If you have any specific questions regarding your case at any time, please simply pick up the phone and call us at your convenience. We try and take all telephone calls and if we cannot immediately take your call you will receive a return call within 24 hours. Please do not direct any legal questions to staff and do not ask staff their opinions of your case. Staff are not attorneys and they cannot answer any legal questions; they have been instructed not to answer legal questions or provide opinions. Staff can help you with routine administrative matters. If you have any legal questions or need an opinion on any issues, direct those questions directly to the attorney handling your claim. Here are some frequently asked questions:

When can we give you an educated opinion as to the strength or value of your case?

Many folks want to know right away what their case is worth the relative strengths or weaknesses of their case. Please be advised that we cannot evaluate the relative merits or value of a case until a lawsuit has been pending for some time. The laws that apply to employment cases are complicated.

When will you get the proceeds from any settlement?

Our local district court rules require that all settlements be consummated within 60-days of the date the settlement is entered into by the parties. In other words, the Defendant in your lawsuit will have up to 60-days to send the settlement agreement and the settlement check. Usually, the Defendant will not take the full 60-days and usually there is about a one (1) month turn around time from the date your settlement is entered into. However, very infrequently, due to special circumstances, it may take more than 60-days to consummate a settlement, but those circumstances are rare. A good rule of thumb is that you will get your money within 60-days after the settlement is entered into. Also, you should note that the South Carolina Ethics Rules which govern lawyers require that for any settlement check over $5,000.00 the law firm has to deposit the check into it’s trust account and allow it to “clear” before any money can be distributed to you. Generally, this occurs within four (4) days after the settlement check is received. Accordingly, if the law firm receives your settlement check on one day, ordinarily you will not be able to take your money with you on that day. If the check is over $5,000.00, you will have to wait until the settlement check clears the issuing bank and when that is done, the law firm will issue your proceeds out of its’ trust account.

How long will your case take?

Employment cases can take several months or several years to resolve. Often, many witness’ depositions have to be taken and many motions filed in court before the case is mediated or tried. Employment law cases are complex and labor intensive. We will keep you advised through the process, but do not expect a quick resolution of your case.

What is the fee arrangement and how are fees paid?

We take most employee benefit litigation cases on a contingent fee basis, though depending on the nature of the case, you may be asked to pay the actual costs of depositions, copies and filing fees. When we represent employers, we charge by the hour. Our hourly rate varies depending on the attorney handling the case. Each case is different so the fees and costs will be different in each case, but all fees and costs will be agreed upon in advance and explained in the retainer agreement you sign when your case is accepted.

If you wish to discuss an employment law issue with any of our attorneys just call, 1-866-279-9772, or e-mail us.