Suing your employer? If you have had your fill of the treatment you are getting at work, perhaps you have considered a lawsuit. If so, gear up: It is going to be a battle, and you need to prepare for what is ahead. After all, chances are your employer is not going to roll over and admit to wrongdoing. Here is how to prepare:
Evaluate Your Circumstances Before Suing Your Employer
You and an attorney experienced in employment law need to sit down to look over your claim: Do you have a valid complaint? Has your employer violated protected rights under state or federal law? Are you dealing with harassment, wrongful termination, or discrimination? These and other issues may be worth pursuing in court. What legal theory will you proceed under? Developing a strong rationale is central to success. Additionally, it is important to know whether or not you are within the statute of limitations. If the time to file suit has expired, you are most likely out of luck.
Consider the Evidence Supporting Your Case Before Suing Your Employer
What kind of documentation do you have to prove that your employer has acted outside the law? Assemble any records, photographs, recordings, and other pieces of evidence that support your claim. Make a list of potential witnesses to the violations, as well. They may be asked to testify in order to verify your complaint.
Consider Your Emotional and Physical Stamina
There is nothing easy about a lawsuit, in all frankness. Before proceeding, you need to feel sure that you want to go forward. It will take time and energy. It may wear on your psyche, and may strain relationships. Sometimes suits are quickly settled, but they often take months or even years to resolve.
Think About Backlash
Is there a possibility of a countersuit? It is not uncommon for those under attack to seek revenge in the form of a defamation suit, for example. Beyond that, it is entirely possible that a lawsuit will cause discomfort or outright resentment among some colleagues. You must plan for the possibility of feeling ostracized, or worse.
Consider the Outcome of Suing Your Employer
Are you suing as a matter of principle? Do you want to teach someone a lesson? Would you like an apology? Is public shaming a desired outcome? Are you interested in improving things for the next person who works for that employer? Is it financial gains you are interested in? You may be entitled to satisfaction on all counts. Be sure you know exactly what you would like to have happen at the conclusion of the suit. It can clarify your attorney’s approach, and determine whether or not settlement discussions are worth pursuing.
Choosing the Right Attorney
Of course, it goes without saying that you should make sure you find just the right attorney for your case. You want someone who listens to your concerns and inspires confidence, someone who is available to explain the complicated legal maneuverings that may come your way. At Beck Law, those are precisely our goals. If you work in Sonoma County, Mendocino County, or Lake County California, contact our experienced Santa Rosa labor and employment law legal team for a confidential consultation.