unlawful employment termination - what's your next step?

4 Things To Consider Before Filing A Suit Against Your Employer

13 July 2015

Arthur Young

Sometimes when an employee decides to sue his or her employer, there is a justifiable cause. However, it is not always easy to discern a valid reason for a lawsuit, and the process can be difficult. Here are a few things you should consider before filing a suit:

Is your employer's problem really just a lack of compassion?

There is no legal requirement for your employer to treat you nicely. In fact, legal grounds for a lawsuit do not include being generally unfair or even "playing favorites." Your employer does not cross the legal line until he or she displays differential treatment to you based on certain characteristics, such as gender, disability or race. In fiscal year 2014, there were 167 Equal Employment Opportunity Commission (EEOC) enforcement suits filed and resolved in the federal court system.

The legal process can be long and tedious. 

If you have plans to sue your employer, get prepared for a lengthy battle. Before your suit ever reaches the court, there will most likely be long hours of negotiation. Nevertheless, most employers will prefer to settle out of court if your complaint is valid. About 95 out of 100  pending lawsuits end in a settlement before the suit goes to trial. In addition, less than 10 percent of cases that are tried in court end in a victory for the suit's defendant. Thus, a lengthy wait can be worth it. 

You may be setting yourself up for intense scrutiny.

One of the most grueling components of a lawsuit can be the emotional toll. If you are suing for the emotional distress that your employer may have caused, be prepared to have your medical history shared in court. In some cases, the defendant may claim that your emotional issues are not related to the job at all, especially if you have a history of psychiatric care.

Sometimes, you don't have as many allies as you may think.

Other employees that have complained about similar treatment may be unwilling to come forward. Nevertheless, a single corporate suit may involve a group of collaborative plaintiffs. However, this is only appropriate if the claims are due to the same circumstances and complaints. 

If you have been treated unjustly by your employer, you may be considering a lawsuit. However, before you proceed, schedule a consultation with a lawyer who is experienced in business law. He or she will be able to confirm whether or not your claims are legally valid. 

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