Frequently Asked Questions

Please call me to schedule an appointment. I do not charge a consultation fee on workers’ compensation claims.When and where do you schedule your appointments?

 

I generally try to schedule appointments in my office between 9:00 AM and 4:00 PM Monday through Friday but I will try to accommodate a client’s needs for a special appointment.

 

Do you charge for the initial appointment?

 

For most appointments I charge $150.00 an hour with a minimum $75.00 fee for appointments that go 30 minutes or less. These fees may be changed. I do not charge a fee in workers’ compensation claims or personal injury claims.

 

Do you take credit cards or debit cards?

 

No, I only take checks or cash.

 

What should I bring to my appointment?

 

Depending on the type of case, I generally ask clients to try and bring the following things: a list of key dates on when things happened; names, address and telephone numbers of any key witnesses; employee handbook; recent pay stub; employment contact or offer letter; copies of key communications to or from the employer; communications with any governmental agencies; relevant medical records and preliminary calculations on any damages suffered.

 

What do you charge for representing me in court?

 

My hourly litigation fee varies depending on the nature of the case. In some cases I will consider working on a contingent fee basis where I receive a percentage of any money collected only if we win and in some cases I will work on a reduced hourly rate and combined contingent fee basis.

 

Do you represent federal or postal service employees?

 

No, I also do not represent persons who are employed by Queens University of Charlotte.

 

I was working in SC can you help me?

 

No, I am only licensed to practice law in North Carolina. You need to consult an attorney who is licensed to practice in South Carolina. For a referral you might call the National Employment Lawyers Association at 415-296-7629

 

Do I need to first file a claim with the Equal Employment Opportunity Commission (EEOC) before I call you to schedule an appointment?

 

No, as long as time permits, I prefer to meet with clients BEFORE they go to the EEOC. I find that sometimes we can negotiate a better settlement without going to the EEOC. It also allows us to gather some additional evidence before you go the EEOC and before the employer learns that you have filed a discrimination charge.

 

Do I need an attorney for an EEOC mediation?

 

No, you do not need an attorney in an EEOC mediation but the other side may very well have an attorney. You can try to represent yourself at an EEOC mediation the same way you can try to represent yourself in court. There is an old saying; a person who tries to represent themselves often has a fool for a client. I will be glad to talk about representing you at any EEOC mediation and help you avoid making any foolish mistakes.

 

I got my notice of right to sue from the EEOC and I am very close to my 90 day deadline, what should I do?

 

If you are very close to your deadline you should call another attorney. I am sorry I cannot help you but as a solo practitioner I must be very selective in the cases I take to court and I must turn away certain cases.

 

It is more than 90 days since I got my right to sue notice from the EEOC, can you help me?

 

If your claim involves race discrimination or a claim under the Equal Pay Act I may still be able to help you. Unfortunately, if it involves anything else I will not be able to help you but you may want to consult with another attorney.

 

 

My employer will not pay me for my last day or last week of work, what should I do?

 

You may want to consider going to small claims court where you do not need an attorney, calling the Department of Labor or calling another attorney. Generally if your only claim is for back wages and the amount owed is less than $5,000, I will not take the case.

 

My boss told me I must sign a non-compete agreement right away, what should I do?

 

Ask your boss for more time to consider the agreement and call me to schedule an appointment. I usually can see a client within a day or two of when you call and I may be able to see you the same day.

 

I was out of work on approved family medical leave and my boss will not let me come back to work, what should I do?

 

Please call me to schedule an appointment. Please be sure to tell me exactly how long you were out on medical leave when your boss refused to let you return to work.

 

I was forced to quit my job; can I still collect unemployment benefits?

 

Depending on the circumstances you may still be eligible for unemployment benefits. Please call me to schedule an appointment so we can discuss the details of your case.

 

I got hurt at work and my employer has denied my claim, what should I do?

 

Please call me to schedule an appointment. I do not charge a consultation fee on workers’ compensation claims.

 

I have a dispute with a company and our contract says it must be resolved through arbitration rather than going to court. Can you help me?

 

In addition to being an arbitrator with the American Arbitration Association where I am selected to decide cases, I also represent clients in arbitrations. Please call me to discuss the problem.

 

Howard M. Cohen
212 S. Tryon St., STE 952
Charlotte, NC 28281
Tel: 704-335-8139
Fax: 704-335-8130
hcohen@bellsouth.net
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