Memphis Tennessee Employment Lawyer

Recovery of Attorney's fees and Expenses

Attorneys fees and expenses can also be awarded to a successful plaintiff in an employment dispute brought under one of the statutes prohibiting employment discrimination.

These awards are to the successful plaintiff and are subject to the court's scrutinizing the attorney's time and expense records for thoroughness and reasonableness. The award of attorney's fees does not, as a matter of law, determine how much your attorney is entitled to receive for her services, as that is a matter for contract between you and your attorney.

As a general rule, courts in this country follow the "American rule." This means that each party must bear his or her own attorney's fees. The only exceptions to this are the ones that are created by some statute. Typically, this includes most of the anti-discrimination laws, wage and hour laws and statutory retaliation claims. It does not include what are known as common law retaliation claims.

Typically, if a case is settled, the employer is simply willing to pay a certain amount of money for the settlement. They do not typically break it down as attorney's fees, expenses or any other category of damages. Special tax rules may apply to the recovery of attorney's fees. You need to consult with a tax attorney or accountant to determine how these rules apply. I am not a tax attorney and do not provide any tax advice.

Attorney James Becker

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Becker Law Firm • 5100 Poplar Ave Ste 2606 • Memphis, TN 38137 • Phone: 901.881.6205
Becker Law Office of Memphis, Tennessee represents clients in the Metro Area and West Tennessee, including Cordova, Germantown, Collierville, Lakeland, Millington, Somerville, Covington, Paris, Nashville, Savannah, Jackson, Union City, Dyersburg, McKenzie and all communities of Shelby County, Fayette County and Tipton County.
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