Do I Have A Case?
August, 2019
“DO I HAVE A CASE?”
Many times, I receive emails from potential clients that, after a long narrative of “facts,” ends with the question, “Do I have a case?”
In the age of instant messaging, instant information, instant Google answers to anything, it’s not surprising.
But, would you expect a physician to give an accurate diagnosis to your email regarding the problem you’re having with your back? Hardly. The physician would want to examine you, ask you questions about your health, activity, etc., since the causes of back pain can be many.
Many times, the information included in the email I receive is irrelevant or requires further explanation. That’s the purpose of a consultation, i.e., my “examination” of the employment issue the potential client is facing or experienced.
Other times, potential clients who are fixated on certain employment issues which are not actionable, have unrecognized claims, such as failure to pay the proper wage.
A consultation is a vehicle for the Busca Law Firm to explain the specific employment law that affects their claim and the proof or evidence needed to support the claim. Most, if not all, the individuals in my consultations have never spoken to an employment lawyer before or have experienced the time and expense involved in litigation.
A consultation involves a thorough examination of the facts to determine whether an employment law has been violated or whether the frustration the individual is experiencing does not rise to the level of a claim. Each case is fact specific to the employer, the industry, the workplace, as well as other factors.
As you can imagine, this “examination” can’t be completed in a 20-minute conversation. Many times, these consultations can take a few hours. And there may be other time consumed by interviewing witnesses, reviewing documents and completing research on the case law surrounding the problem.
And the answer will never come in the form of a responsive email to the question, “Do I have a case?”
As An Employee
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As An Employer
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As A Union
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