Will a discrimination lawsuit always end up in court? Not all lawsuits end up at trial, but while some claims can be settled pre-litigation, most should be filed in court because a court filing enhances both the value of your case and the threat to the employer. Over 90% of lawsuits settle before a trial. Oftentimes, as the trial date approaches, the employer feels threatened by the potential harm that an adverse jury verdict could do to their brand and reputation. Employers are willing to pay to avoid the uncertainty of a trial, and harm to their reputation that might be caused by losing a harassment, discrimination or retaliation case in court.
Do I Need An Attorney to File a Discrimination Claim Against a Current Or Former Employer?
In order to represent any threat at all to the employer, you need to be represented by an attorney. The world of employment litigation is a difficult and expensive one. It is not unusual for attorney’s fees to exceed the damages. This is important because when the employer loses at trial, not only do they have to pay the your damages, but also the your attorney’s fees. By having an attorney, not only do you benefit from the significantly enhanced chance of success at trial, but you also benefit from the greater case value because your attorney’s fees contribute to a higher settlement value prior to a trial.
How Can the EEOC’s Mediation Program Help Me Resolve a Charge Of Discrimination?
In higher value cases, utilizing the EEOC’s mediation program is selling yourself short. If you are willing to accept less than $20,000 for your employment discrimination case, then the EEOC may be a viable avenue. However, these cases can have very significant value if litigated properly in Court, and the threat of that litigation adds hundreds of times the value you might otherwise see in an EEOC mediation.
For more information on Litigating A Discrimination Lawsuit, a free initial consultation is your next step. Get the information and legal answers you are seeking by calling (562) 630-1500 today.