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Top Ten Reasons Not to Sue |
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For many people, the first
thing that runs through their minds after losing a job is, "How can I
get even?" Pursuing a claim against your former employer may
seem like a quick, easy way to take out your frustration while getting
some extra cash for your pain. For most people, it's simply not that easy.
More often than not, pursuing a claim against your former employer is a difficult course of
action.
Here are a few things to think about when considering whether or not to sue:
- If you worked for the employer for a relatively short
period, your were not paid that much and it is not going to take much time to
find other employment, then it may not make much sense to try and go after your
employer.
- Finding a good lawyer is not easy. You will have to
invest some time and money in this process.
- Lawyers are expensive.
Lawyers either charge by the hour, take the case on a contingency basis wherein
he/she is paid a percentage of what is obtained, or some combination of an
hourly rate and a contingency arrangement.
- The legal process is expensive. Filing a lawsuit includes incurring costs including filing fee, court
reporters, transcripts, copying costs and experts. Even if a lawyer takes the
case on a contingency basis he/she is going to want you to cover the costs of the process.
- Due to the nature of the employment at will doctrine, you
must be able to show that your termination fits into one or more of the
exceptions. For this, you must collect a convincing body of
evidence. Potential witnesses who still work for the employer are
probably not going to be helpful.
- If you received any kind of plausible reason for your
termination, the employer will try to use this against you and will try and
bring up every issue you ever had at work to justify its termination of you.
- The statutes of limitation on wrongful termination cases
vary depending upon the claim and the jurisdiction. If you were terminated more
than a year ago your case may already be barred in many jurisdictions. You need to seek legal advice sooner rather
than later.
- Sometimes the result of settling or trying a wrongful
discharge claim aren’t what you expected, you may never obtain the emotional satisfaction
that you are seeking.
- Pursuing a wrongful discharge claim can be emotionally
draining.
- Unfortunately, there is always the possibility that a
wrongful termination lawsuit will negatively affect your ability to find work
in the future.
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