Need Advice: Multiple Attorneys Declined My FMLA Interference/Wrongful Termination Case

[jaded_336]

Jurisdiction

North Carolina

I'm looking for guidance from attorneys or anyone experienced with FMLA litigation.
I was approved for FMLA leave due to a serious health condition. While on approved leave, I was ultimately terminated instead of being restored to my position. I believe my employer interfered with my rights under the Family and Medical Leave Act and wrongfully terminated my employment.
I filed a complaint with the U.S. Department of Labor. They informed me that my complaint met the requirements of a valid complaint but declined to investigate because of limited agency resources. They also advised me that I retain the right to pursue a private civil action.
Since then, I've contacted numerous employment law firms. Most have either said they don't handle FMLA cases or declined representation without explaining whether they believed the merits of my case were weak.
My questions are:
Why are FMLA cases so difficult to place with contingency attorneys?
What evidence do employment attorneys look for before accepting an FMLA case?
Is it common for viable FMLA cases to be declined simply because they are expensive to litigate?
Based on your experience, what would you recommend as my next step?
I appreciate any insight from attorneys or others familiar with FMLA litigation. Thank you.

 

[army judge]

Why are FMLA cases so difficult to place with contingency attorneys?

It is difficult to understand. More likely than not, there's very little money available from cases that involve wage earners, or salaried employees all across our nation.

What Is the Average Salary in the USA

The national average salary is $63,795. That is the sum of all incomes divided by the number of workers. Where someone lives, their industry, education level, and current demand for that job all contribute to how much a worker earns per year.

As with the majority of issues faced by human beings, the more limited your earnings, the more difficult it becomes to pursue alleged wage related issues!

FMLA Retaliation Claims: Legal Action When Employers Punish Workers for Taking Leave | LawCounty

Learn how to recognize and prove FMLA retaliation, types of prohibited adverse actions, evidence needed for claims, available damages, and filing deadlines for FMLA retaliation lawsuits.

lawcounty.com

https://answers.justia.com/question/2026/06/09/why-won-t-attorneys-take-my-public-schoo-1122097

https://answers.justia.com/question/2026/06/09/why-won-t-attorneys-take-my-public-schoo-1122097

 

[cbg]

I have two questions:

1.) How long in total were you out?
2.) What reason did your employer give for not returning you to work?

 

[Red Kayak]

Why are FMLA cases so difficult to place with contingency attorneys?

$.
Contingency attorneys only get paid based on what they can get awarded to their client.
There is an obvious risk with "no win, no fee" - the lawyer could end up getting paid nothing.
There is a less obvious risk for the lawyer, though. "Contingency" means that the lawyer gets a percentage of what the lawyer "wins" for a client. In a FMLA case, "winning" a case could still result in the lawyer being paid less than a living wage.

If the legal costs are expected to be greater than the reasonably expected potential monetary award, then a lawyer might not wish to take the case unless the client's goal is to merely make a point.

cf: Pyrrhic victory.

 

[zddoodah]

Why are FMLA cases so difficult to place with contingency attorneys?

Your generalization isn't necessarily true. However, riddle me this: Would you want to spend hundreds of hours working hard on something with the prospect of being paid only if 6-12 members of the general public agree with you? For an attorney to accept a case on contingency, he/she must believe that it will make financial sense to do so. For example, if the attorney believes a particular case is worth $100,000 but will require 250 hours of work to achieve that result, then the case probably isn't going to be worth the attorney's time because, assuming a 1/3 contingent fee, that works out to an hourly rate of $133.33 (which doesn't take into account hard costs and overhead and doesn't factor in the reality that no case is a slam dunk).

What evidence do employment attorneys look for before accepting an FMLA case?

Evidence sufficient to prove all elements of the cause(s) of action alleged.

Is it common for viable FMLA cases to be declined simply because they are expensive to litigate?

Yes.

Based on your experience, what would you recommend as my next step?

Keep making phone calls and scheduling consultations with attorneys. Keep in mind that, at some point, you may need to come to terms with the reality that, even if your case is meritorious, it might not be worthwhile to litigate.

 

[adjusterjack]

Why are FMLA cases so difficult to place with contingency attorneys?

Well, you've been given the possible reasons.

If you want a lawyer bad enough, you'll have to pay one.

 

[army judge]

Attorneys must manage their finances, by selecting the best financial opportunities available, if they wish to remain solvent. Law Firms must remain solvent, as they struggle to choose cases wisely.