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Guide

Employment case screening: the questions a worker-side firm asks first

Last checked by our ads lead · 5 minute read

In this guide · 13 sections
  1. What questions should a worker-side firm ask, and in what order?
  2. How do you talk about deadlines without giving legal advice?
  3. How do you redirect inquiries the firm does not take?
  4. What about severance and agreement review?
  5. Is the firm worker-side, employer-side, or both?
  6. What does a qualified lead mean here?
  7. Which statutes shift attorney fees?
  8. How should wage-and-hour and discrimination inquiries be split?
  9. Do you offer screening in Spanish?
  10. What do you count?
  11. What this means for your firm
  12. Questions about this guide
  13. Sources

The short answer

Employment inquiries are mixed: some are strong, many are not a fit, and some are time-sensitive. A short written script asks the same questions in the same order, so the attorney sees only the matters that fit. This guide gives the nine questions, a redirect script and a table for sorting wage-and-hour from discrimination inquiries.

Employment-law inquiries arrive in every shape. A worker who was fired last week, a manager who is unhappy with a raise, an employer asking for a defense lawyer, a person who wants a free opinion on a contract. A worker-side firm cannot take them all. Screening is how you find out, quickly and kindly, which ones fit. This guide gives a script you can print.

What questions should a worker-side firm ask, and in what order?

Ask them in this order. Dates go early because some deadlines can pass while a caller is still deciding whether to call.

Question Ask Why it matters
One “Are you the employee, or the employer or a manager?” Separates worker-side from employer-side inquiries
Two “What is the company, and how many people work there?” Employer size can decide which laws apply
Three “When did you start, and when did the problem happen or the job end?” Dates drive deadlines
Four “In a sentence or two, what happened?” The core facts, in the caller’s words
Five “How are you paid, and do you have pay stubs or time records?” Needed for wage-and-hour matters
Six “Did you report, complain, ask for leave or accommodation, or file anything?” Protected activity can matter to the claim
Seven “What papers do you have: emails, texts, reviews, notices, an offer or severance paper?” Evidence the attorney will ask for
Eight “Have you talked to another lawyer, an agency or the company’s human resources?” Avoids conflicts and surprises
Nine “Is there a date on any paper, or a deadline someone gave you?” Flags urgent matters

Our employment hub and employment marketing guide explain what draws these inquiries in the first place.

Staff should not tell a caller what their deadline is. They can say that some employment deadlines are short and that the attorney will look at the dates right away. For a firm’s own pages, quote deadlines only from the agency itself. The EEOC sets out its time limits on its own page (EEOC, time limits for filing a charge), and pages should link to it rather than restate it.

A good line: “I cannot tell you your deadline, but dates matter here, so I am marking this for an attorney today.”

How do you redirect inquiries the firm does not take?

Most firms decline several kinds of calls. Write the redirect down so each caller hears the same respectful answer.

  1. Thank the person and name the problem back to them.
  2. Say plainly that the firm does not take that kind of matter. Never say they have no case.
  3. Offer one useful next step: the state bar referral service, a government agency, or a legal aid office.
  4. Tell them that dates can be short and that they should not wait.
  5. Log the call and the reason, so you can see which ads bring the wrong calls.

Typical declines are employer-side requests, matters in a state where the firm has no attorney, small disputes the firm cannot staff, and requests for free general advice.

What about severance and agreement review?

Callers often have a paper in hand: a severance offer, a separation notice or a non-compete. Decide whether the firm reviews these and on what terms, then build it into the script. Ask for the date of the offer, the date it must be signed, and whether the caller has already signed. Send same-day to an attorney. Do not let staff summarise what the paper means.

Is the firm worker-side, employer-side, or both?

Say it on your site and on the phone in the first line. A worker-side firm that gets employer calls loses time on both sides. If you do both, run two scripts and two phone paths. Track them as two practices, because they have different sources, fees and measures.

What does a qualified lead mean here?

Define it in writing. A reasonable definition: a person who is an employee, with a real employment problem in the practice area, whose key dates and facts are on file, and whom an attorney is willing to speak with. It is a screening result. A lead can be qualified and never sign. Our Probative Standard definition of a lead shows how we separate real contacts from noise.

Which statutes shift attorney fees?

Some worker-side statutes let a prevailing worker recover reasonable attorney fees from the employer, which can change which cases a firm can take. Examples include the Fair Labor Standards Act (29 U.S.C. §216(b)) and Title VII (42 U.S.C. §2000e-5(k)). The attorney decides what that means for a given matter. Staff do not discuss it with callers. See the fee caps research for state fee limits.

How should wage-and-hour and discrimination inquiries be split?

Item Wage-and-hour Discrimination or retaliation
Core fact Unpaid pay, overtime, breaks A protected trait or protected activity, then an adverse act
Key papers Pay stubs, time records, schedules Emails, reviews, discipline, termination notice
Often asks about Pay periods and job title Who decided, when, and who else was treated differently
Case timing Pay records may stretch over a long period Agency deadlines can be short
Track separately Source, cost, retained rate Source, cost, retained rate

Splitting the two tells you which ads and pages bring which kind of worker, and what each costs per retained client.

Do you offer screening in Spanish?

Yes, if you plan for it. Many workers are most comfortable in Spanish, and Spanish-language calls can sit in a separate queue. Use the same questions, translated by a person, and track Spanish calls as a separate group. Our Spanish services page explains the setup.

What do you count?

The count that matters is the retained client: the engagement is signed in the firm’s own records. Track qualified leads and consultations booked as early signals only. A published example of a worker-side firm that changed its screening is in our employment intake case study. Read the general intake guide for the call-handling basics.

What this means for your firm

  • Ask the deadline and employment-status questions early, without giving legal advice.
  • Redirect what you do not take kindly and fast, so the caller can find the right help.
  • Count retained clients, not leads, and split wage-and-hour from discrimination inquiries.

Start with a free video review and we will show you where employment inquiries are lost before screening. Probative is a marketing firm, not a law firm, and this guide is not legal advice.

Questions about this guide

Who should run employment screening, staff or an attorney?

Trained staff can run the script, because it only gathers facts. The attorney sets the criteria, reviews anything borderline and decides who is accepted. Staff must not tell a caller whether they have a case, or how strong it is.

How do we decline a caller kindly?

Thank them, say the firm does not take that kind of matter, and point to a useful next step such as a bar referral service or a government agency. Never say the caller has no case. Say only that the firm cannot help with this matter.

Can the firm review a severance agreement?

Many worker-side firms do, as a separate paid or limited service. Decide in advance, put it in the script, and ask the caller for the signing date and the offer date. Those dates can be tight, so route it to an attorney the same day.

What counts as a qualified employment lead?

A person with a real, in-scope employment problem, with the key dates and basic facts gathered, whom an attorney would be willing to speak with. It is a screening result, not a signed matter. The count that matters is the retained client.

Should wage-and-hour and discrimination inquiries use the same script?

Use one core script and two branches. The core covers employer, dates and documents. The branches cover pay records for wage-and-hour matters and the protected trait and the incident for discrimination matters. Track each branch separately.

Sources

  1. EEOC: time limits for filing a chargeAccessed October 26, 2026
  2. The Probative Standard: leadAccessed October 26, 2026

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How we checked this page

Sources
2 sources listed on this page, 1 of them official (government, courts, state bars or the platform’s own published policy), each with the date we read it.
Checked by
Our ads lead, with a second person checking every number against its source (who does what).
Last checked
What it covers
US law firms in every state. Where a rule, price or platform policy differs by state or changes often, the page says so and links the detail. Not legal advice.
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