Your Questions, Answered
We understand that navigating legal matters can feel overwhelming, and you may have questions about what to expect. That’s why we’ve compiled answers to some of the most common questions we receive. Whether you’re curious about how the process works, what your rights are, or how we can assist, this is a great place to start.
Contact us today to get started with a consultation and see how our dedicated team of advocates can help you.
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FAQs
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What type of cases does Newkirk Zwagerman help with?
Newkirk Zwagerman Law Firm represents employees, and there are many different types of employment laws designed to protect workers. Newkirk Zwagerman Law Firm has represented employees in all of the following areas:
1. Title VII and other federal laws which prohibit discrimination in employment based on race sex, national origin or religion.
2. Title IX which prohibits discrimination in education, including athletics.
3. Equal Pay Act which requires that employees to be paid equally for performing very similar jobs no matter what their gender.
4. Americans with Disability Act which prohibits discrimination against individuals with a disability.
5. Age Discrimination in Employment Act which prohibits discrimination based on age.
6. Family Medical Leave Act which prohibits some employers from firing or changing job duties of employees who take time off work for personal or family medical reasons.
7. Iowa Civil Rights Act which prohibits discrimination and harassment based on race, color, creed, national origin, religion, sex, sexual orientation, gender identity, pregnancy, physical disability, mental disability, age and retaliation. -
What should I bring with me to my first meeting?
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How do I know if I need a lawyer?
You should contact a lawyer if:
- You believe you have been discriminated, harassed, or retaliated against at your place of employment
- You believe there is illegal or discriminatory conduct occurring at your work, and you need advice on how to bring that to your employer’s attention
- You believe that if you complain about discrimination or a denial of rights (work comp or FMLA) that you will be retaliated against by your place of employment.
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How do I know if I have been the victim of employment discrimination?The law has a specific definition for what constitutes discrimination. Things like race, gender, pregnancy, religion, national origin, disability, age, and sexual orientation are all areas in which the law protects employees from discrimination in the workplace. If you feel you may have experienced discrimination in the workplace, please call our offices for further assessment of any potential claims.
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How do I know if I have been harassed?
Harassment is more than just your boss being mean to you. In order for harassment to be illegal under the law, it has to be based on one of the protected classes like color, gender, pregnancy, religion, national origin, disability, age, or sexual orientation. For example, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment. It is a common mistake for employers and employees to think that only sexual harassment is protected. Harassment based on skin color or religion has the same protections under the law.
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How do I know I’ve been retaliated against?Retaliation can occur when an employee makes a complaint of discrimination or harassment, either on behalf of themselves or other employees. The complaint must be based on discrimination or harassment to legally be considered retaliation. Retaliation can also occur when an employee opposes a discriminatory or harassing practice or assists someone else in their complaint or opposition of discrimination and/or harassment. Retaliation occurs quite often in our society even when the employer does not openly discriminate against women or other protected groups. Retaliation often does not occur immediately after a complaint, and it is important to seek legal advice prior to retaliation reaching the level of termination.
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How long does a discrimination lawsuit take?
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Are there case deadlines I should know about?
There are different statutes of limitations that apply to different cases. In a discrimination or harassment case, you must file a civil rights complaint within 300 days of the last discriminatory act to preserve your rights. If you are a federal employee, this time frame may be as short as 45 days. There are some cases that have a two-year filing deadline, and some that even have a four-year filing deadline.
Each case is different, so it is essential for you to talk to an attorney to determine which statute of limitations applies in your case. It is almost impossible to recover anything if the deadline to file your claim has passed.
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How much is my case worth?
Just as with how long your case will take, there is no easy answer to the question of how much your case is worth. There are a lot of different factors that can affect how much your case is worth, and for that reason, it is difficult to predict what a jury may award you.
Our clients generally recover damages in the form of lost wages and benefits, medical and counseling expenses and damages for emotional distress. Our firm is also committed to pursuing change to the system or what is known as “equitable” relief. Most of our clients do not pursue their claims for money. Rather, they are concerned about protecting their families and others who may be subjected to discrimination or retaliation. These kinds of changes are normally obtained through discussion with the employer or in an order from the judge.
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What does Newkirk Zwagerman charge to represent me?
Normally, we take cases on a contingency fee basis, meaning you do not pay us an hourly rate. We only collect fees from you if we win or there is a settlement. If we do not win, then you do not owe us for our time. However, clients are responsible for the expenses of the lawsuit, including filing fees, deposition costs, photocopying, postage, etc. We understand that not all clients can pay these expenses and usually advance the costs for you.
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How do I become a client of Newkirk Zwagerman Law Firm?Please call or email our office if you think you may need our help. Our staff will ask you some basic questions to get a better understanding of your case and pass that information on to the attorneys. If one of the lawyers believes they may be able to help you, we will set up an initial consultation to discuss the next steps in your case.
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