What You Need to Know About Hiring an Employment Lawyer in New York
If you’re dealing with a workplace issue like wrongful termination, discrimination, or harassment, one of your first questions is probably: “Can I afford to hire an employment lawyer?” In New York, where job-related legal disputes are common, understanding how legal fees work can help you take the next step without added stress.
At D’Orazio Peterson LLP, we speak with employees across New York every day who are navigating difficult situations — often after losing a job or facing unfair treatment at work. Here’s what you should know about how employment attorneys typically charge for their services in New York State.
1. Hourly Rate Model
Some employment attorneys charge by the hour. This is common in many areas of law, and employment law is no exception.
In New York, hourly rates for employment lawyers can range from $250 to $600 per hour, depending on the attorney’s experience and the complexity of your case. On top of that, many firms require a large upfront retainer — sometimes $10,000 to $25,000 — just to get started. This arrangement may be financially out of reach for employees who have just lost their job or are already under financial pressure.
2. Contingency Fee Agreements
One of the most common and accessible options is a contingency fee arrangement. Here’s how it works:
- You don’t pay anything upfront.
- The lawyer only gets paid if they successfully recover money for you (through a settlement or a court judgment).
- The typical contingency fee is one-third (1/3) of the total recovery.
Example:
If your lawyer helps you settle a sexual harassment claim for $90,000, their fee would be $30,000, and you would keep $60,000 (minus any case-related expenses).
This structure is especially helpful if you don’t have the funds to pay out-of-pocket but still want to pursue justice. It also aligns your lawyer’s interests with yours — they only get paid if you do.
3. Flat Fee Services
In some situations, especially with administrative filings like complaints to the New York State Division of Human Rights or the EEOC (Equal Employment Opportunity Commission), attorneys may offer flat fee pricing. This could range from a few hundred to a few thousand dollars, depending on what’s involved.
This is a good option if you only need help with a specific task — like drafting and filing a legal complaint — and want clarity on the total cost upfront.
4. Hybrid or Mixed-Fee Arrangements
Some firms in New York offer hybrid fee models, where you pay a smaller initial amount and the rest is contingent upon success. This balances both worlds — helping the lawyer cover initial work while still giving you flexibility and shared risk.
5. Consultation Fees
Not all employment lawyers offer free consultations. Since these cases often require reviewing documents, researching the law, and understanding complex employment histories, some attorneys charge a consultation fee — often between $150 and $500.
At D’Orazio Peterson LLP, we handle many cases on a contingency or hybrid basis and evaluate consultation fees depending on the complexity of your matter.
Final Thoughts
Legal problems can feel overwhelming, especially if you’re already dealing with job loss, retaliation, or harassment. But you don’t have to face it alone.
At D’Orazio Peterson LLP, we help employees across New York understand their rights and fight back when those rights are violated. If you think you may have a claim — whether it’s for discrimination, wrongful termination, unpaid wages, or workplace retaliation — we invite you to reach out.