1. Do you charge fees for your services by the hour, or do you handle cases on a contingency basis?
Both. When representing a plaintiff, we generally enter a contingent fee agreement, which means that our client does not owe any money up front or during the course of the litigation for attorney fees, and we advance all case costs and expenses as they arise. Our fee will be paid as a percentage of the recovery we obtain for the client. Case costs and expenses, such as filing fees, deposition transcripts, etc., are ultimately the client's responsibility, and will be reimbursed from the recovery obtained for the client.
When representing a defendant, we enter an engagement agreement, which sets forth all terms and conditions of our representation of the client, including an hourly fee for all legal services provided.
In many instances, however, we share risk with our clients by agreeing to an alternative fee agreement, including flat-fee arrangements.
2. Do you handle workers' compensations claims?
No, we do not represent employees or employers in workers' compensation claims before the Kentucky Department of Workers' Claims. However, we maintain excellent relationships with workers' compensation attorneys in Kentucky, and we'll gladly provide a referral to a trusted, experienced attorney.
Not to be confused with workers' compensation administrative claims, we regularly represent employees and employers in state and federal courts in connection with workers' compensation retaliation claims in violation of KRS 342.197. This statute makes it illegal for employers to discriminate or retaliate against an employee for filing or pursuing a workers' compensation claim.
3. Do you handle unemployment benefits claims?
We defend employers against employee claims for unemployment benefits, but we do not handle unemployment benefits claims for employees.
4. I believe I was wrongfully terminated by my employer. How soon do I need to file a lawsuit?
It depends. Some claims must be filed within two years (e.g., FMLA interference and retaliation); other claims must be filed within five years (e.g., discrimination, retaliation, and harassment claims under the Kentucky Civil Rights Act). Other claims, such as claims for discrimination and retaliation under Title VII of the Civil Rights Act, require that you file a charge with a state or federal administrative agency within 180 or 300 days (depending on what state you live in) of the alleged discrimination or retaliation before you can file a lawsuit in federal court.
Regardless of your claim and the limitations period that applies, you must file your lawsuit before the limitations period expires or risk forfeiting your claims. Contact an attorney as soon as possible to discuss your case, the applicable statute of limitations, and your rights.