Frequently Asked Questions (FAQ's)

Q: What is "employment" law?

A: Employment law covers a wide variety of situations including
discrimination and harassment in the work place based on race, gender,
religion, disability or national origin. Both state and federal laws
protect employees from such actions in the workplace. It also covers acts
relating to pay such as the Equal Pay Act (which requires that employees
performing generally the same job receive equal pay regardless of gender);
the Americans with Disability Act (which prohibits discrimination against
those with a disability); the Age Discrimination in Employment Act (which
prohibits discrimination based on age and protects employees over the age of
40); the Family Medical Leave Act (which allows employees to take time off
work based on personal or family members who have a serious medical
condition); and the Iowa Civil Rights Act.

Q: What is harassment?

A: Harassment is a form of discrimination that occurs when an employee is
treated so badly based on gender, race, national origin, religion or
disability. The law recognizes that harassment can affect your employment
when it rises to a certain level of severity. Not all treatment is illegal,
however. Harassment only becomes illegal when the harasser is motivated by
an illegal bias based on your sex, race, disability, age, or national origin
and it is severe or pervasive. Sexual harassment often includes unwanted
propositions for sex or dates, sexual jokes or innuendo, unwanted touching,
derogatory comments about gender, or similar incidents and generally occurs
more than a "stray remark." The law does not generally protect employees
from other employees or supervisors who are generally difficult people to
deal with.

Q: How much will it cost me to hire an attorney at Townsend Law Office?

A: I generally take employment cases on a contingency fee basis. This means
that my fee is a percentage of any recovery I obtain on your behalf. If no
recovery is made, no fee is owed. You are responsible for the expenses of
the lawsuit, including filing fees, photocopying, long distance phone calls,
investigative costs, deposition costs, and other administrative-type costs
that arise in the proceedings. I also take cases on an hourly basis if you
simply need a severance or other type of employment agreement reviewed. I
will also assist you, on an hourly fee basis, in preparing and presenting
your written claim to the ICRC.

Q: How do I know if I need an attorney?

A: If you have recently been terminated or disciplined for reasons that you
do not agree with and believe are based on factors other than your
performance, you may need to see an attorney. If you believe that you are
being harassed in the work place based on the above referenced factors
(race, gender, national origin, disability or religion) and it is making you
difficult to go to work, you may need to see an attorney. If you have
questions regarding the propriety of actions being taken by your employer
and relating to your employment, you may need an attorney.

Q: How long will it take from the beginning to the end of my legal
proceedings?

A: There is no way to predict the answer to this question. Each case is
unique and the amount of time from beginning to end of each case varies. It
depends on a number of factors including the parties and legal issues
involved in the case. Generally speaking, once a lawsuit is filed, it takes
approximately 12 to 24 months to get to trial, depending on the forum.

Q: Are there any requirements prior to filing a lawsuit and is there a
certain time frame?
A: In cases involving discrimination or harassment, a charge of
discrimination must be filed against the employer with the Iowa Civil Rights
Commission within 180 days of the last discriminatory act. Under certain
circumstances, this deadline can be extended to up to 300 days with respect
to federal claims. Generally speaking, no lawsuits can be filed without
first filing the administrative claim with the ICRC. It is very important
to get legal advice regarding the applicable time limits to your situation
at the earliest possible time to insure that your claim is protected.

Q: How are cases valued?
A: Damages that are available under the applicable statutes include
reimbursement for medical and counseling expenses, past and future lost
wages, recovery for emotional distress and pain and suffering. The value of
your case changes over time as the case develops and based on the status of
your case.

Q: What do I need to do to retain Townsend Law Office?

A: Contact my office if you are in need of representation. We will ask you
for some basic information related to the matter for which you need an
attorney. After the information is reviewed by Beth Townsend, we will
contact you if we believe that we may be able to help you. Beth's initial
consultation fee is $300. There are occasions she will agree to waive that
fee, however, that decision is made solely at the discretion of Beth
Townsend and is made on a case by case basis.