FAQs - EE Advocate.com

Frequently Asked Questions


1.	Do I have to make an office appointment?
2.	Do you charge for the initial consultation?
3.	What kind of cases do you take?
4.	Are you qualified?
5.	Do you take cases on a contingent fee basis?
6.	What if I am still working for the company?
7.	What is my case worth?
8.	Can I collect attorney’s fees from my employer?
9.	Is it worth it for me to have a proposed “severance agreement” reviewed by an attorney?
10.	How do settlements work?
11.	What is your success rate?
12.	What are my risks if I lose?
13.	How do you get new clients?
14.	Do you pay a referral fee to other attorneys?
15.	How do I make an appointment?


1.	Question:	Do I have to make an office appointment?

	Answer:	Yes. Employment issues are complex. It is impossible to give off the cuff advice over the telephone or by e-mail. I cannot respond to e-mail inquiries or telephone calls seeking preliminary advice over the phone. When you come in for an initial consultation, there is a comprehensive analysis of your situation and you are provided detailed advice and opinions as to your legal alternatives. Additionally, there are deadlines and statute of limitations for every type of claim. Therefore, a comprehensive office appointment is the only way to provide professional and adequate advice. Should you be involved in an emergency situation which requires immediate consultation, please advise my staff and a comprehensive telephonic appointment can be arranged.


2.	Question:	Do you charge for the initial consultation?

	Answer:	Yes. Because the employment law consultation is so involved and time consuming, I must charge a reasonable hourly rate for the time required. Please review my current employment consultation form on this website for further details


3.	Question:	What kind of cases do you take?

	Answer:	I am involved in most aspects of employment law issues and claims. I currently have litigation pending in Federal Court, DuPage, Cook County and Kane County. Please review my initial consultation form for further details regarding the type of issues I handle.


4.	Question:	Are you qualified?

	Answer:	I have been practicing law since 1981 and for most of that time focused largely on employment law issues. I currently am the Vice-Chair of the Illinois State Bar Association Employment and Labor Law Committee. I also have been the Committee Chair Person for Employment and Labor Law at the DuPage County Bar Association. I am a member of the National Employment Lawyers Association, the DuPage County Bar Association and the Illinois State Bar Association. If I am not qualified to handle your claim, I will provide you with a reference to another attorney. There would be no charge at an initial consultation if it is determined that I am not qualified to handle your concern.


5.	Question:	Do you take cases on a contingent fee basis?

	Answer:	Yes. However, I have to be convinced that your case has sufficient merit to proceed. Additionally, I have overhead and must expend costs on behalf of most clients. Therefore, I request that the client make a monthly contribution toward overhead and costs. Clients are always responsible for costs and expense, regardless of the outcome. Please review my fee agreement which can be found on this website.


6.	Question:	What if I am still working for the company?

	Answer:	It is often more important to meet with an attorney before your employment relationship ends. Quite often, you may have leverage as an active employee that you lose once you are terminated or otherwise lose your employment. When involved in a contentious employment situation, it is often preferable not to resign and to seek the advice of an attorney before the company decides to terminate you.

7.	Question:	What is my case worth?

	Answer:	That is a difficult question that must be determined on a case by case basis. All cases have a likelihood of success and failure. Additionally, damages are calculated based upon individual facts including back pay, value of loss benefits and front pay. The type of case you have also determines the type of damages we can request. For example, compensatory and punitive damages are not available in an age discrimination case. Keep in mind that even if you are wrongfully terminated, you have a duty to put forth a good faith effort to find other employment and mitigate damages.



8.	Question:	Can I collect attorney’s fees from my employer?

	Answer:	Maybe. Certain statutes provide for “fee shifting” to a liable employer. However, this is not true for all theories of liability.


9.	Question:	Is it worth it for me to have a proposed “severance agreement” reviewed by an attorney?

	Answer:	Usually, yes. When I review a severance agreement the first issue is whether or not to sign the agreement at all or to pursue your rights to receive additional payments. Even if I recommend that the agreement be signed, the agreement should be reviewed to make sure that nothing within the agreement will impact you adversely in the future.


10.	Question:	How do settlements work?

	Answer:	If we have entered into an hourly rate fee agreement, obviously the settlement proceeds are all yours assuming you’ve paid my hourly rate. If we have entered into a contingent fee agreement similar to the one that is included on this website, we divide the proceeds pursuant to the terms of that agreement. You are responsible for all costs I have incurred on your case and to pay the contingent fee percentage. However, to the extent that you have made monthly payments pursuant to the agreement, those payments are credited to you and off-set against the final amount I receive. Please note that most money received from an employer is taxable income. You must presume that you have an obligation to pay taxes on the gross settlement amount unless you have been specifically apprised to the contrary. You should consult with your own personal tax accountant regarding the tax implications of any settlement or award. You should also ask your accountant about “The Alternative Minimum Tax.”


11.	Question:	What is your success rate?

	Answer:	No lawyer keeps a success/failure rate like a baseball batting average. However, I can tell you that most of my cases result in either settlement or a favorable result. Nevertheless, all litigation is risky and you must be prepared for the possibility that the court could grant summary judgment in favor of the defendant or that you lose at trial. Of those cases that are actually decided in Federal Court by a final verdict, the percentage of employer wins greatly exceeds the percentage of employee wins. This does not include the number of cases that an employer will settle to avoid expensive litigation.


12.	Question:	What are my risks if I lose?

	Answer:	To the extent you have been paying an hourly rate or pursuant to the monthly payment program under our fee agreement, you would lose that money paid. Additionally, you would be responsible for defendant’s “costs.” The amount of the potential “costs” varies on the type of case. This would be part of our initial consultation discussion. In a rare case if a plaintiff’s claim is deemed “frivolous” there is the possibility that a plaintiff would have to pay a defendant’s attorney’s fees. As of yet, this has never happened to any of my clients.


13.	Question:	How do you get new clients?

	Answer:	Most of my clients are referred from other clients or attorneys that know me.


14.	Question:	Do you pay a referral fee to other attorneys?

	Answer:	Typically no. Any referral fee arrangement must be determined up front and in writing. You must agree to the payment of any referral fee to another lawyer and that arrangement must be in writing.


15.	Question:	How do I make an appointment?

	Answer:	Call (630) 462-1200. You may also want to fill out the employment consultation form in advance and bring with you all employment related documentation that may be relevant.