Potential clients and even current clients often fail to appreciate (or forget about) the difficulties associated with an employment lawsuit. An obvious difficulty is that lawsuits take a long period of time to complete. The legal profession operates on a different time table than the rest of the world. A lawsuit can take between one-and-a-half and two years (or longer) to complete, especially if your case goes to trial. If your case is appealed, it can take many years to complete.
However, there are other difficulties for employees filing lawsuits:
1. Your employer's attorneys will investigate your background thoroughly. For example, your employment history and social media website accounts such as Facebook or Twitter are fair game.
2. You will most likely be required to produce your medical records and tax returns, and may be required to produce other personal documents such as bank records, social media postings and emails. (Note, however, that there are ways to prevent public dissemination of some of these records.)
3. You must pay the costs of your case, win or lose. Costs are not attorney fees but instead expenses such as copying, deposition fees (which can be very expensive) and filing fees. Attorneys are prohibited by ethics rules from paying your costs (though they may pay your costs initially if you reimburse them later). Costs can range from $3,000.00 to $5,000.00 in even a simple lawsuit, and, if your case goes to trial, can exceed $10,000.00 or more.
4. You will be required to answer written questions called Interrogatories and provide documents that are relevant to your case. Doing so is often time-consuming and tedious, but you must respond on time (generally within 28 or 30 days) or risk penalties imposed by the Court.
5. You will be required to undergo a deposition, during which your employer's attorney will ask you questions about your case. You will be under oath and must tell the truth. Depositions of our clients usually last three to five hours, but may continue for an entire day or more. In one complex case, one of our clients was deposed for four days.
While lawsuits are difficult endeavors, Fett & Fields, P.C. has the knowledge and experience to steer you through those difficulties and successfully resolve your case. Contact us today for a free evaluation:https://www.fettlaw.com/Contact.shtml.
Note: This blog entry is for general informational purposes only and should not be considered legal advice. You should always consult with an attorney before taking or refraining from taking any action in your individual situation.