3 Key Factors to Consider Before Pursuing Employment Litigation

Whether you’re an employee or an employer, employment law encompasses various topics and concerns. These issues can range from workplace discrimination to employee rights in the workplace.

While some employment disputes can be resolved without legal action, others require the help of an attorney to determine. These cases could involve retaliation, wage and hour violations, discrimination or harassment claims, etc.

Experience

Experience is a word that often conjures images of vacations, white-water rafting trips, or summer camps. While these experiences are an excellent example of what experience refers to, the term is also used for accumulated knowledge and skills.

It’s no wonder that employment litigation is an area that requires experience, as it can be challenging and stressful for both parties involved in the dispute. The best way to protect your interests is to hire an experienced attorney to help you navigate the legal process and negotiate a fair and equitable resolution for all parties involved.

In addition to the experience necessary for employment litigation Denver CO, an attorney should understand the employment laws in your state and city and how to represent you effectively in court or before government agencies. Additionally, a lawyer should have experience handling alternative dispute resolution (ADR) proceedings, such as mediation and arbitration.

An employment lawsuit can be brought over many different issues, such as discrimination against race, gender, religion, or sexual orientation, discrimination in pay and benefits, and wrongful termination. A lawsuit may also be filed if your employer refuses to provide you with unemployment insurance compensation.

Cost

Employment litigation covers various legal issues, including discrimination; harassment; wage and hour violations; wrongful termination; and claims related to employee benefits and trade secrets. Litigation can occur in state and federal courts, administrative agencies, and alternative dispute resolution (ADR) proceedings.

In most cases, employers hire employment lawyers to defend their claims. They may also pursue settlements or mediation with employees and their legal counsel before a lawsuit is filed.

If you are an employer, it is essential to understand the costs associated with defending your company against employee lawsuits before deciding to sue your employees for discrimination, harassment, or other employment-related claims. These expenses can be significant and can impact your business operations.

One of the best ways to mitigate these costs is to obtain appropriate employment practices liability insurance coverage. This coverage is available from most commercial insurance companies and pays for a defense and a settlement or judgment if you lose the case.

Moreover, most employment lawyers charge on an hourly basis for their services. Their fees vary substantially, depending on a wide range of factors. This includes, among others, where the lawyer practices and whether the client is a large or small firm. Typically, the more time an attorney spends on your case, the higher their fee will be.

Timeframe

Employment litigation is a long process. It starts with administrative filings with the Equal Employment Opportunity Commission or other state agencies and ends with a court lawsuit.

Federal laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, offer employees protection from discrimination in the workplace. Employees who believe they have been discriminated against must file a charge with the EEOC within 300 days of the discrimination or violation.

Once a charge is filed, the EEOC keeps it for six months (and sometimes longer if we agree). Afterward, an employee can request a “Notice of Right to Sue” and sue in federal or state court.

In practice, however, this rarely happens. In fact, in over 95% of EEOC cases where the employer has been notified and the employee has filed a charge with the agency, the EEOC does little or nothing.

If you believe you have been discriminated against, contact an experienced employment law attorney for a consultation. They will help you understand your options and the timeframe for pursuing your claim. They will also ensure that you file your claim promptly to have your day in court.