When should you settle your employment law claim?

 Posted on October 24, 2023 in Employment Law

Some employment law cases, like those pertaining to retaliation, wrongful termination, and discrimination, end up heading to trial, but most of these cases end up settling before they get to that point. There are several reasons for this. Employers oftentimes want to avoid the bad publicity created by prolonged litigation, and they might expect to save money by settling rather than paying extensive legal fees and risk being subjected to a larger judgment at trial.

Although you might be tempted to resolve your case sooner rather than later, you should only do so if it's truly in your best interests. But how do you know if that's the case?

Signs that it's time to settle your employment law case

Settlement isn't right for everyone. In fact, depending on the facts of your case, you might recover more compensation by taking your case to trial. But here are some signs that you might be in a position to settle your case:

• You're concerned about the evidence: The strength of your case is going to make a difference in how you approach your case. If you're worried that the evidence either won't support a judgment in your favor or that it may not get you more compensation than what's being offered in the settlement agreement, then you should probably consider settling your case instead of risking it all at trial. But before making that determination, you need to conduct a thorough analysis of your case and the facts.
• You're suffering financially and don't have access to resources: Your employment law claim is going to take some time to play out. For some, the wait is unbearable due to the financial strain that they face. If you're going to struggle to stay afloat while your employment law claim plays out, then you might want to consider settling your case. Before you do so, though, you should consider other options, such as turning to your family and friends for help and considering something like a lawsuit loan.
• There's evidence that you engaged in behavior that you don't want to be made public: Not all employment law cases are clean. Many of them have facts that can be used to paint the plaintiff in a negative light. Although these facts may not completely derail your case, they could damage your reputation and thus your ability to secure subsequent employment.
• The settlement offer falls closely to the amount of damage that you've actually suffered: You may not get everything you hoped from your settlement, but if it comes close, then it might not be worth the extra time and expense to take your case to trial. So, think carefully about what's really at stake by taking your case to trial.
• There are terms in the settlement that lead to practice improvements for the employer: Sure, the ultimate goal of pursuing a lawsuit against your employer is to recover compensation for the damages you've suffered, but there may be other terms in your settlement that make resolving the case worthwhile. This includes guarantees to change practices, which could protect workers in the future. You may not get these sorts of changes if you take your case to trial.

Don't leave your employment law case to chance

Winning your employment law case can turn your life around. With so much on the line, you need to build the thorough and aggressive case you deserve. So, if you're ready to take the fight to your employer or former employer, then now is the time to start crafting your strategy.