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Employment Law

Our employment law litigation practice is limited to the representation of employee plaintiffs.  Our employment law practice is further limited in that we only handle discrimination and whistleblower claims.  Naturally, these can lead to other areas such as wrongful discharge or constructive discharge but the precursor must be either illegal discrimination or whistleblower retaliation.  

Prior to initiating claims against employers, Collins & Collins, P.C. conducts a thorough investigation of the facts.  This  begins with the first contact with a possible client.  With this in mind, we have a fairly strict and intensive evaluation process.

Our case evaluation process has several stages. The first step is to collect some fairly basic information from the employee for the free initial case review. Once we have the basic information, the attorneys will review it to determine if it is something that we should evaluate further. Frankly, most inquiries do not get past the initial review. Those that do merit further investigation will fall into two categories.

The first category includes those rare cases that are so clear and obvious that no further evaluation is required for us to take the case on for representation. Far more often, the cases must undergo a much more thorough case investigation and evaluation process to determine if in fact there is a viable claim. 

Due to the great often voluminous documentations and difficulty in getting the documentation short of a formal claim, in borderline cases, Collins & Collins, P.C. must be very selective in taking on a case or even a full investigation of the case.  In most borderline cases, we require that the employee pay for a more in-depth investigation and evaluation.

We are very sympathetic to employees that feel that they have been treated unfairly by their employers.  However, due to the extraordinary risks, time and expense associated with these claims, we are limited in the number of cases that we can take on a straight contingency basis (meaning Collins & Collins, P.C. carries all costs and does not get paid a fee unless the client is financially compensated for his or her losses and other damages).  In  short, the case must be very strong on the facts showing discrimination or whistleblower retaliation.  There must also be significant damages to the employee meaning there is possibility of a significant financial recovery for the employees losses.  

The fact that we cannot take your case due to our strict criteria does not mean that you do not have a claim. In fact, we strongly advise that all those that we cannot represent seek the opinion of other attorneys. It is often the case that another attorney will see the case in a more positive light.  In any event, it is always worthwhile to seek a second opinion.

If you would like to get the evaluation process started, give us a call at 505.242.5958 or submit an inquiry online through our contact form.  

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