Employment Lawyers in Birmingham, AL: Where to Start

Problems at work affect your income, your health, and sometimes your sense of safety. You may have been fired, passed over, harassed, or not paid what you earned. Birmingham is the county seat of Jefferson County and one of the largest job centers in Alabama, with employers in health care, education, manufacturing, and finance. This guide explains where to start if you are looking for an employment lawyer in Birmingham.

Name the problem

Employment law covers many different issues. Write one or two sentences about yours. Common examples:

• discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information;
• harassment at work;
• retaliation after you complained or reported something;
• unpaid wages or overtime;
• questions about a severance agreement or a non-compete;
• family or medical leave problems.

Each issue can follow a different process with different deadlines. A clear description helps a lawyer tell you quickly which rules may apply.

Save your records now

Before you leave a job, or as soon as a problem starts, gather what you can lawfully keep:

• offer letters, contracts, and handbooks;
• pay stubs, schedules, and time records;
• performance reviews and written warnings;
• emails or messages about the problem that you received or sent;
• names of coworkers who saw what happened;
• a written timeline with dates.

Do not take confidential company files you were not allowed to access. If you are unsure what you may keep, ask a lawyer first.

Know the EEOC deadline for discrimination charges

For many types of workplace discrimination, you must file a charge with the U.S. Equal Employment Opportunity Commission before you can file a lawsuit under federal law. The EEOC's page on time limits says that, in general, you need to file a charge within 180 calendar days from the day the discrimination took place. That deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. Age discrimination has slightly different rules.

Whether the 180-day or 300-day limit applies to you depends on your situation, so ask a lawyer early. The EEOC's filing page explains how to start the process, including online.

Wage claims, leave claims, and contract disputes may have different deadlines and different agencies. Do not assume one deadline covers everything.

Check the lawyer's Alabama license

A lawyer who advises you on an Alabama matter generally must be licensed by the Alabama State Bar. The Alabama State Bar website offers ways for the public to find and check lawyers. Ask for the lawyer's bar information and confirm that the license is active and whether there is any public discipline.

Many employment cases are filed in federal court. If that may happen in your case, ask whether the lawyer is admitted to practice there.

Employee side or employer side

Some employment lawyers represent only workers. Others represent only companies, and some do both. Ask which side the lawyer usually represents. A lawyer who mainly advises employers may not take your case, or may have a conflict if they already work for your employer.

You can browse employment lawyers in Birmingham to see firms that list this practice area, then ask each one about its focus.

Understand how fees work

Employment lawyers who represent workers use several fee arrangements. Some work on contingency, taking a share of any money recovered. Some charge by the hour, and some charge a flat fee for a limited task, such as reviewing a severance agreement. Ask:

• How do you charge for cases like mine?
• Who pays costs such as filing fees and depositions?
• What happens to costs if the case does not succeed?

Get the answers in writing before you sign.

No lawyer can promise a settlement or a win. If someone guarantees a result, treat that as a warning sign.

Questions to ask at your first consultation

• Do you usually represent employees, employers, or both?
• Have you handled cases like mine?
• Which deadline applies to my situation, and have I already missed any?
• Should I file with the EEOC or another agency first?
• What records should I gather and keep?
• How are fees and costs handled, and will you put it in writing?

Free and low-cost help

The EEOC accepts charges directly from the public, and you do not need a lawyer to file one. The USAGov legal aid page explains how to look for free and low-cost legal help. Some nonprofit groups and law school clinics handle employment matters, but availability varies.

Frequently asked questions

Do I need a lawyer to file an EEOC charge?

No. You can file on your own. Some people still talk to a lawyer first to make sure the charge is complete and filed on time.

Is Alabama an at-will employment state?

Alabama generally follows at-will employment, but federal laws still prohibit firing someone for discriminatory or retaliatory reasons. A lawyer can explain how this applies to you.

Should I sign a severance agreement right away?

Many people take time to review it first. A severance agreement may ask you to give up legal claims, so read it carefully and ask questions.

Related: Lawyers in Birmingham, AL and employment law.

General information, not legal advice. Laws change and every case is different. Talk to a licensed Alabama attorney about your situation.