Myths About Hiring An Employment Lawyer
Several beliefs about hiring a lawyer are simply wrong, and they stop people from reaching out sooner.
What Myths Get In The Way Of Reaching Out
A common myth is that a lawyer is only useful once a case reaches the Industrial Court. In practice, a lawyer can help earlier, checking your facts and dates, even though they cannot attend conciliation on your behalf1.
Another myth is that speaking to a lawyer means you have already decided to file a claim. A first conversation is usually about understanding your situation, and you decide separately what to do next.
Myths About Proof And Readiness
Some people assume they need strong proof already in hand before a lawyer will take them seriously. Part of a first conversation is working out what you actually have and whether it supports a claim.
There is also a myth that hiring a lawyer shifts the burden of proving your case onto you. The burden of proving a dismissal was fair stays with the employer throughout2.
One More Myth Worth Addressing
Some people believe that once they contact a lawyer, the process moves entirely out of their hands. In practice, you remain in control of each decision, including whether to file anything at all.
A lawyer’s role is to inform that decision, not replace it. Understanding this upfront tends to make the first conversation feel less daunting for a lot of people.
Getting Past The Myths
Start with your own facts rather than general assumptions, beginning with your dates on the 60-day deadline calculator. The employment lawyer entity page explains what a lawyer actually does at each stage.
The guides on myths about filing a dismissal claim and myths about the Industrial Court process cover the stages that follow.
A short conversation can replace assumptions with a clear answer based on your actual facts.
If you have heard conflicting things about hiring a lawyer, a short conversation can tell you plainly what applies to your situation.
Common questions
Is it true a lawyer is only useful once you reach court
No. A lawyer can help earlier, checking your facts and dates and preparing you for conciliation, even though they cannot attend that stage on your behalf.
Is it true speaking to a lawyer means you are filing a claim
No. A first conversation is usually about understanding your situation. You decide separately whether to move forward with anything.
Is it true you need strong proof before a lawyer will speak to you
No. Part of what a first conversation does is help you work out what you actually have and whether it is enough.
Is it true hiring a lawyer means you have to prove your case yourself
No. The burden of proving a dismissal was fair sits with the employer, not with you, once a claim is filed.
Sources
- Solicitors are not permitted to represent parties at conciliation before the Department of Industrial Relations; an employee attends and speaks for themselves Mah Weng Kwai & Associates
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
If you have heard conflicting things about hiring a lawyer, a short conversation can tell you plainly what applies to your situation.