Most people consulting an employment attorney in Austin are dealing with something that affects their livelihood, their identity as a professional, and often their finances. The initial consultation determines whether you have a viable claim, what the realistic outcomes look like, and whether this attorney is the right person to handle it.
Coming with specific questions — rather than hoping the attorney covers everything — produces a better consultation and helps you evaluate the attorney as much as the attorney evaluates your case.
1. Do I Actually Have a Legal Claim?
This is the foundational question, and a good employment attorney answers it directly. Not every workplace injustice is a legal claim. An employer can be unfair, inconsiderate, and morally wrong while still acting within the law. The attorney should explain specifically whether what happened to you crosses a legal line — and which line — or whether it falls in the category of employer conduct that's legal even if it's wrong.
An attorney who tells every prospective client they have a strong case is not giving you useful information. An attorney who explains why the facts do or don't support a claim, and what evidence would be needed to strengthen or defeat it, is giving you something you can actually work with.
2. What Legal Theory or Theories Apply?
Employment cases often involve multiple overlapping legal theories: discrimination under Title VII or the Texas Labor Code, retaliation, FMLA interference, wage theft under the FLSA, breach of contract, or common law tort claims. The theory matters because it determines: which agency has jurisdiction, what the filing deadlines are, what damages are available, and what the employee needs to prove.
Ask the attorney to identify the specific legal theory or theories that apply to your situation and explain what each requires — and which ones are stronger given your facts.
3. What's the Deadline for My Claim?
Employment law is full of short deadlines that operate as hard bars to legal action. The most common ones in Austin:
- EEOC charge for discrimination or retaliation: 300 days from the adverse employment action (termination, demotion, etc.).
- Texas Workforce Commission charge for Texas Labor Code claims: 180 days. In most cases, an EEOC charge cross-files with the TWC.
- FLSA wage claims: Two years from each violation (three years if willful); every paycheck is a separate violation.
- Texas Payday Law wage claims with the TWC: 180 days from the date the wages were due.
- Breach of contract claims: Four years (written contract) or two years (oral contract) under Texas statutes of limitation.
The clock is running. Ask the attorney whether any applicable deadline has already passed and whether any exceptions or tolling doctrines apply to your situation.
4. What Evidence Do I Need, and Do I Have It?
Employment cases are won or lost on evidence. Ask the attorney what evidence would be most valuable for your specific claim and whether you currently have it. Critical evidence categories:
- Performance reviews that contradict the employer's stated reason for termination
- Email communications from supervisors about the termination decision
- Documentation of the protected activity (the EEOC charge filing, the HR complaint, the FMLA request)
- Comparator information — how were employees outside your protected class treated in similar circumstances?
- Wage records, time records, and pay stubs for wage claims
- The employee handbook, offer letter, and any written employment agreement
Your access to much of this evidence diminishes significantly once you're separated from the employer. Ask the attorney what you should be preserving or gathering before you take any other steps.
5. What Does the Process Look Like?
Understanding the procedural sequence — from the initial EEOC charge through investigation, right-to-sue letter, federal lawsuit, discovery, and potential trial — helps you set realistic expectations about timing, cost, and emotional involvement. Most employment cases resolve before trial, but the process to get there can take 18 to 36 months. Ask the attorney to walk you through the typical timeline for your type of claim in the Austin market.
6. What's the Realistic Range of Outcomes?
A good employment attorney gives you a range, not a guarantee. What's the best realistic outcome if everything goes well? What's the worst realistic outcome if the case proceeds to trial? What does settlement typically look like for this type of claim given the facts you've described? The range should account for the strength of the evidence, the employer's likely defense strategy, and the costs of litigation.
If an attorney gives you only the best-case scenario without discussing the risks, that's useful information about the attorney's approach.
7. What Will This Cost?
Employment cases vary significantly in fee structure by practice area and case type:
- Contingency fees: Common in wrongful termination, discrimination, and retaliation cases. The attorney is paid a percentage of the recovery (often 33% if settled before trial, 40% if tried). No recovery, no fee to you for attorney services — though you may still owe costs (filing fees, deposition transcripts, expert fees).
- Hourly billing: Common in severance agreement review, non-compete evaluations, and cases without clear damages (FMLA interference cases, for example, where the remedy may be reinstatement rather than a monetary recovery).
- Hybrid arrangements: Some attorneys take a reduced hourly rate plus a smaller contingency percentage.
Ask specifically about how costs (as distinct from attorney fees) are handled — whether they're advanced by the attorney or paid by you as incurred, and how they're treated in the event of a recovery.
8. Will You Handle My Case, or Someone Else?
In larger employment law firms, the attorney you consult with may not be the one who handles your case day-to-day. Associates and paralegals often manage significant portions of the work. Ask directly: who will be your primary contact, who will appear at proceedings, and who do you call when you have a question at 9 PM the night before a deposition?
9. What Are the Risks of Going Forward?
Employment litigation carries risks beyond just losing at trial. Discovery means that information you'd rather not disclose — medical records, prior employment history, communications on personal devices that were used for work — can be compelled. Counterclaims are possible in some cases. The emotional cost of prolonged litigation affects some clients more than others. Ask the attorney to describe the full range of risks specific to your situation.
10. What Should I Do (and Not Do) Right Now?
This is the most immediately actionable question. Before you leave the consultation, ask specifically:
- Should you be preserving or gathering any documents?
- Should you avoid any particular communications with the employer or former colleagues?
- Is there anything you might inadvertently do that could harm the claim?
- Should you file an EEOC charge now, before retaining anyone, given the deadline?
A good employment attorney answers these questions specifically — not with generic advice, but with guidance tailored to your situation and the applicable deadlines. If the consultation ends without clear guidance on immediate next steps, that gap is worth noting.
A Note on Timing
Employment consultations are most useful when they happen before you've taken actions that limit your options — signing a severance agreement without review, missing an EEOC deadline, or deleting communications that would have supported the claim. Consulting early costs nothing and preserves everything. Consulting late may preserve nothing at all.