Myths About Hiring An Employment Lawyer
Some common beliefs about lawyers are wrong, and they keep people from asking for help.
Four beliefs about lawyers stop workers from asking for help. None is true.
Is a lawyer only useful at court?
No. A lawyer can check your facts and dates and prepare you earlier, even though they cannot attend conciliation for you.1
Preparation is where much of their value lies in the early stages.
Does a first talk mean you must file?
No, a first conversation is about understanding your situation. You decide separately what happens next.
That decision stays with you at every step, including whether to file anything at all.
Do you need strong proof first?
No, part of a first conversation is working out what you actually have. A lawyer can tell you whether it supports a claim and what else to look for.
Missing papers are normal right after a dismissal.
Does hiring a lawyer shift the burden to you?
No. The burden of proving the dismissal was fair stays with your employer throughout.2
A lawyer helps you present your side. They do not make you carry your employer’s job.
How do you get past the myths?
Start with your own dates on the 60-day deadline calculator. The employment lawyer page explains what a lawyer does at each stage.
For the stages ahead, read myths about filing a dismissal claim and myths about the Industrial Court.
If you want a lawyer to act for you, send your dismissal date and what happened. An independent employment lawyer can review your papers and reply about whether and how they can act.
If you are seriously considering a claim over your dismissal, send the date and what happened. An independent employment lawyer can confirm whether it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Is a lawyer only useful once you reach court?
No. A lawyer can help earlier by checking your facts and dates and preparing you for conciliation, even though they cannot attend it for you.
Does speaking to a lawyer mean I am filing a claim?
No. A first conversation is about understanding your situation. You decide separately whether to move forward.
Do I need strong proof before a lawyer will speak to me?
No. Part of a first conversation is working out what you have and whether it is enough.
Does hiring a lawyer make me prove my case?
No. Once a claim is filed, the burden of proving the dismissal was fair sits with your employer.
Sources
- Solicitors are not permitted to represent parties at conciliation before the Department of Industrial Relations; an employee attends and speaks for themselves Mah Weng Kwai & Associates
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
If you are seriously considering a claim over your dismissal, send the date and what happened. An independent employment lawyer can confirm whether it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.