If a person has been fired or laid off for what he believes to be an invalid/illegal reason, he may request legal counsel. He may also file a complaint with the EEOC. If the attorney believes the former employee has a case, he typically sends a letter to the employer on his behalf. If the company opts to negotiate, the two sides will settle out of court. If not, the case goes to court as a wrongful termination case. For most attorneys specializing in labor issues, earnings are based upon his winning the case or a negotiated settlement. When employers seek to terminate an employee, they must do extensive research to determine whether laying them off or firing them would be grounds for a lawsuit. For instance, if the employee's work performance is hindered by a physical or mental disability, he might be able to sue under the Americans with Disabilities Act (ADA).