Most employment lawyers representing workers take cases on contingency, commonly 30% to 40% of what you recover, with nothing paid upfront and no fee if you lose. Hourly billing is uncommon on the employee side; where it is used, rates run about $200 to $600 per hour against a retainer.
Key takeaways
- Contingency is the norm for employees — most workers cannot fund an open-ended hourly case, and these firms are built to be paid from recoveries.
- The percentage often rises by stage: around 33% if settled before filing, 40% after a lawsuit is filed, and up to 45% if the case is appealed.
- Case costs are separate. Filing fees, depositions, and expert witnesses can reach thousands and are typically deducted from your share.
- Hourly retainers, where required, commonly run $2,000–$15,000.
- Consultations are frequently free — but confirm, since some firms charge for the first meeting.
How the fee changes by stage
| Stage resolved | Typical contingency | Why it rises |
|---|---|---|
| Settled before filing suit | ~33% | Least work; resolved through demand and negotiation. |
| After a lawsuit is filed | ~40% | Adds discovery, depositions, and motion practice. |
| Through appeal | up to 45% | Appellate briefing is specialized and lengthy. |
Contingency vs. hourly — which is better for you?
If you are an employee seeking money for something already done to you — wrongful termination, discrimination, harassment, unpaid wages — contingency is usually the right structure and often the only one available. If you need advice rather than a recovery, such as reviewing a severance agreement or a non-compete before you sign, hourly or a small flat fee is normal, because there is no recovery to take a percentage of.
Questions to ask before signing
- What is the exact percentage, and does it increase if we file suit or appeal?
- Are case costs deducted before or after your fee is calculated? (Before is better for you.)
- Do I owe costs if we lose?
- Who actually handles my case day to day?
Not sure whether you have a claim? Try our free Wrongful Termination Checker, then browse employment attorneys near you.
Sources & references
Talk to a Employment attorney near you
This guide is general information, not legal advice. For help with your specific situation, connect with a licensed attorney — many offer a free first consultation.
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