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Requirements and Expectations in Your Wage and Hour Lawsuit
We appreciate the opportunity to represent you. We are writing to provide you information regarding what
you should expect as a client, including the length of time your case may take and the extended time periods
between important events in wage and hour cases like this one. We’re also writing you to inform you of
what we require from you as our client, including most importantly that you:
Do not call us regarding your case’s status unless you have not heard from us in more than
three months: We will keep you posted every step of the way, but you need to understand that
these cases go for long periods of time without any important decisions coming down from the
Produce all documents and text message to us in your possession right now: Failure to do
so can lead to court imposed sanctions against you. These documents can also help us strengthen
We Will Provide You With Updates: If You Have Not Heard From Us, Nothing Substantial
Has Likely Occurred in Your Case
During your case, we will work with you and likely many other workers who have joined your case. You
must understand that we have many clients and that fielding unnecessary contacts prevents us from actually
doing the necessary work on your case. Please consult these guidelines before contacting us:
Do not contact us more than once every three months for a status update: Do not contact
us for updates more than once every three months if you do not hear from us. We will update you
every time something substantial happens in your case. If you have not heard from us, nothing
substantial has likely happened in your case.
Your calls regarding case status limit us from working on your case: Calling us slows down
our ability to work on your case. If you need a quick answer to something that cannot wait, please
Why you need to provide us with the most time possible to work on your case: Most of the
actions taken in your case involve us researching, writing, and filing extensive briefs for a federal
judge to decide on over a period of between two and 10 months. We need as much time as possible
to write these motions, which can often take us weeks at a time to prepare.
No need to contact us for an update: We will update you!
As part of representing you, we will respect you, and we expect the same from you toward our entire team,
including paralegals, legal assistants, and law clerks. Please give the whole team the same respect you would
give me or another senior attorney—in regards to both time and courtesy—when you communicate with
them about this case.
Expect This Case to Take Over a Year and for Nothing to Happen for Months at a Time
Courts typically set trial dates one-and-a-half to two years from when we originally file a case.
While we typically push our cases and maximize their value before trial, you need to know that our ability
to get you paid within a year is the exception, and not the rule. We’d ask that you expect your case to take
between a year and two years to complete.
A typical FLSA Collective Action where a Defendant contests certification typically takes at least 165 days
from the date we file the lawsuit before we even begin discovery in the case. This initial 165-255 days
needed at the beginning of the case typically includes the following events:
Day 1: Suit Filed
Day 15: Defendants’ Served with
Lawsuit to Start Clock
Day 45: Defendants file Answer
Day 45-90: We File Motion for
Day 60-105: Defendant files Response to
Motion for Conditional Certification.
Day 75-120: We file our Reply to Motion for
Day 165-255: Court provides ruling on
We often avoid this type of briefing by utilizing alternative tactics. However, in nearly every case you will
experience a time period of at least 90 days in which nothing substantial happens in the matter. You need
to expect this type of delay and understand that you need to be patient as we do our jobs to win your case.
Send Us Your Documents Now; DO NOT DESTROY THEM
1. Do Not Destroy Documents: You have a duty to preserve those documents, including electronic
documents, throughout the duration of the case, starting from when you contacted us. If you
destroy anything, you could be in big trouble with the Court.
2. Send Us All Relevant Documents: Mail, email, or fax us (information on how to do so below)
the following types of documents (physical or electronic) in your possession:
a) Agreements or contracts between you and
b) Any document describing your job duties (job
description, newspaper ads, postings, etc.).
c) Employee handbooks, policies, or procedures
given to you by your employer.
d) Payroll records, including check stubs.
e) Time sheets or time cards.
f) Any documents explaining how time is kept,
recorded, or reported.
g) Any documents explaining any write-ups or
h) Employee benefits information describing
employee benefits like insurance. Tape
recordings of meetings or conversations.
i) Emails or other communications between
you and your employer. Do not destroy the
emails. You can forward them directly or
print them out.
j) Any documents you signed when you were
hired on, such as agreements to permit a
background check or arbitration agreements.
k) Any text messages or emails on your
phone which relate to your case or employer,
we will need to know that immediately and
coordinate with you to download those.
Again, do not delete these (or get a new
phone) before we are able to save copies.
l) Any other document you feel might be
important to the case.
You may fax the documents to 214-749-1010 or email these documents to us at email@example.com.
If you do not hear from us within two weeks of sending these documents, please call us at 214749-1400 to confirm their receipt. If you would like to mail us documents to copy and send the originals
back to you, please contact Eli at 214-749-1400 for info on sending them at no cost to you.
Other Obligations You Have in This Case
1. Keep your contact information updated with us: Inform us immediately of any changes in your
contact information (phone number, email address, mailing address) or availability (extended
vacations, upcoming military service, jail/prison sentences). We cannot prosecute your case or
get you paid without your correct address, phone number or email (or if you randomly
become unavailable without telling us).
2. No Facebook posting or accepting random friend requests: Do not post anything about your
case on Facebook or any other forms of social media and do not accept “friend requests” from
people you do not know while your case is ongoing.
3. Don’t talk to the company and contact us if they contact you: Contact us immediately if
anyone from the other side contacts you. Failure to do so could hurt your claims.
4. Honesty and directness required: Be honest and direct with us. Understand that we are a team.
Take our counsel and advice seriously.
We thank you for your cooperation and patience as part of our team in this case. Let’s work together on
these terms to make sure we obtain the best possible result for you. We each take pride in providing the
highest quality service to each of our clients and welcome the opportunity to help you, your family, your
friends, or your colleagues in the future should any additional needs arise.