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I'm considering changing law firms. What can I do to expedite a case for CA overtime violations?

Bell, CA |

Hello, I am currently waiting for a firm I contacted about OT violations to decide if they will take my case. I was told that I have a case but that they are researching previous cases against them. The problem is that it has been about 2 months since I first inquired. I do not like it that they told me they would call me say if they accept it within a week when it has been about a month and a half. I asked them to send me an agreement for a lawyer/client relationship so that I know what terms will be included in the contingency agreement. They say that they need to come to a conclusion first but I've been given the run around and I have had enough. What's with the wait? I need a solution or I will ditch them for a go getter firm. Lawyers of Avvo, please advise

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Attorney answers 3

Best Answer

If this firm says they haven't decided if they'll take the case, and there's no signed fee agreement, it sounds as if there isn't any lawyer-client relationship yet. Best advice would be to tell them you're going to contact other firms, and thank you very much. Two months to decide whether or not to take a case is plenty. Unfortunatley, this won't necessarily expedite your case as you will now need to contact other firms who will then weigh whether or not to take your case. However, many firms make such decisions on the spot.


The determination regarding whether or not you are entitled to overtime from your employer is a relatively simple one. If you are a non-exempt employee, you are entitled to any time that you work more than 8 hours a day, or 40 hours a week. In deciding whether or not to take your case on contingency, a lawyer may consider the number of employees who didn't receive overtime pay and financial viability of your employer. If you have yet to sign a contract regarding representation, I would encourage you to seek other representation from an experienced California employment attorney who is well versed in overtime law.

This answer is for informational purposes only and does not create an attorney/client relationship.


An attorney who takes six weeks to decide whether to take a a case is either too busy, or too incompetent.

Either way, you should consult with other attorneys who are more responsive.

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