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Top Ten Reasons Not to Sue Print E-mail

RiskyBusinessFor 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:

 

  1. 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.
  2. Finding a good lawyer is not easy. You will have to invest some time and money in this process. 
  3. 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.  
  4. 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.
  5. 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. 
  6. 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.
  7. 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.
  8. 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.
  9. Pursuing a wrongful discharge claim can be emotionally draining. 
  10. 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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factoids

The average damages rewarded in race-related wrongful termination cases (that win) is $700,000.


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This is not legal advice
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