The New York job market is turbulent right now. We’re seeing it across industries, at every level: Employees being let go after 10, 15, 20 years of service. “Reorgs” that conveniently eliminate senior staff or disproportionately affect one group (whether that’s people of color, employees with disabilities, or even older Caucasian workers with medical accommodations). “Restructurings” that look more like a game of three-card monte, shuffle the roles around, change the titles, fire a handful of people, and call it progress. This blog will outline how to prepare for your necessary consultation with your employment attorney.
Beneath the surface of these layoffs and reorganizations, there are often problematic histories, discriminatory patterns, or procedural failures. When examined carefully, they may open the door to legal remedies. But getting to that point requires that you, the prospective client, present your situation clearly and effectively to an attorney during that initial consultation. Most of our clients realize this already. They are operating at a higher level and can succinctly organize and present a mountain of data, remaining objective in stressful times. Nonetheless, for everyone, it’s good to know how you can maximize your chances of securing competent counsel during what may be one of the most difficult transitions of your career?
Here are some ground rules:
1. Respect the attorney’s time. Good attorneys are busy. The initial consultation is not going to be a deep-dive therapy session. Expect it to be focused and relatively brief.
2. Get organized before you reach out. Have your documents ready: onboarding documents, offer letter, termination letter, performance reviews, relevant emails, and any notes about conversations or incidents. The more streamlined your presentation, the more quickly an attorney can evaluate your case.
3. Answer the questions asked directly. Good lawyers know the information they need. Resist the urge to launch into your entire life story. Listen carefully, respond directly, and stay concise. You’ll have an opportunity to add context later.
4. But make sure you’re heard. If you believe there are important facts the attorney hasn’t asked about, state them succinctly. A good way to do this: after answering all the questions, say, “I have a couple of additional facts I think are important—may I share them?” You want an attorney who welcomes that type of query and listens carefully.
5. Do not rely on AI for your intake or submissions. We see this all the time: clients sending us “polished” summaries clearly written by ChatGPT or another AI tool. Frankly, those are usually the least helpful. Why? Because AI fills in gaps with conclusions or pseudo-legal analysis, telling us what you think your “claims” are, what statutes might apply, or what the law supposedly says. That is our job.
What we need from you is raw, unfiltered facts:
A clear chronology of what happened. Specific details of incidents, conversations, emails, or reviews. Your perspective on why you believe the termination was unfair or biased. Don’t worry if your sentences aren’t perfect. We don’t care if the grammar is clunky. A human telling their story, in plain words, is infinitely more valuable than an AI-generated essay.
6. Be honest, even about the tough parts. If you had performance issues, say so. If you had conflicts with supervisors, acknowledge them. A good attorney is not afraid of hard facts; in fact, knowing them upfront makes it easier to craft a strategy.
7. Don’t assume you’re powerless. Even if your situation looks bleak, a skilled employment lawyer can identify solutions: negotiating severance, protecting your professional reputation, opening new career paths, and, when appropriate, pursuing damages. When we represent claimants, plaintiffs, C-suite or otherwise, it is “David v. Goliath.” We like David, we make sling shots. We believe in justice as fairness – don’t be afraid to put your foot down, at least talk to an attorney about what you can do, when you feel you have not been treated fairly.
8. Remember the basics: Truth sets you free. Facts are your strongest asset. Brevity is the soul of wisdom. Especially in the first consultation.
9. Insist on speaking with an attorney, not staff. At our office, only attorneys conduct consultations. No offense to paralegals or assistants (ours are excellent), but only an attorney can give legal advice. You should insist on this wherever you seek counsel. At the same time, understand that “free” attorney time is valuable. If you want it, show respect: come prepared, answer directly, and don’t expect an hour-long call.
Final Word: Your career and livelihood are too important to be handed off to an algorithm. AI can spin a neat paragraph, but it cannot understand the nuances of discrimination, retaliation, or wrongful termination law. It cannot weigh credibility, see the patterns in a company’s behavior, or anticipate strategy. Only a seasoned attorney can do that. So, when you reach out, leave AI behind. Bring your authentic self, your facts, and your story during your employment lawyer consultation. That’s the best foundation for us to fight for you.