Many workers and business owners have a very specific idea about pursuing a case in court based on the movies they watched and the stories they hear in the media. Much of this information romanticizes litigation, suggesting that a lawsuit shouldn’t be so much about money, but more about justice. However, like in many other areas of life, you as a party to a case (whether you are the one suing or being sued) would often be way better off if you take a different, and a much more pragmatic approach to the case you filed or the case that was filed against you. This is because at the end of the day monetary compensation is the only remedy you can recover in the vast majority of employment cases (and most other civil cases).
Often, aggrieved employees spend a lot of money and countless hours pursuing “justice” being driven in large part by anger toward the opposing side. They don’t realize that no court or jury can force their present or former employer to admit fault or apologize. The only thing that a court can do is award monetary damages for the losses proven. Teaching a large employer a lesson is also an illusory goal. Big companies get sued all the time, and your case is just another discrimination or retaliation claim that they will handle along with many others at the same time. And, contrary to common belief, employers are not concerned about “bad publicity” from being sued, unless the lawsuit involves particularly egregious, newsworthy facts, which is extremely rare.
At the same time, many smaller employers spent many thousands of dollars on lawyers fees, and still paying out settlements or verdicts on cases that they could have settled much sooner and for less, while saving themsleves from the significant distraction that litigation can be. While in some cases, it is worth putting up a fight to set a precedent that you, as an employer, will not just roll over and pay on every cliams, in most cases making this type of stance isn’t improtant and doesn’t make financial sense.
Therefore, in most cases you are much better of if you take a purely selfish approach to your employment case and treat it like the business that it is. If you are an employee, you should first ask yourself the following fundamental questions before you file your case – is your case really worth pursuing given the evidence you have? And, how do you maximize your recovery while minimizing the chances of having your case dismissed or losing at trial? If you are an employer who is being sued – what is your potential liability and expenses in fighting the case versus early settlement prospects?
An experienced, straightforward employment attorney should be able to help you answer these questions before you choose whichever option you want to pursue, in light of your own unique circumstances. When you have that converastion with an attorney, do not be afraid to ask him or her the most direct questions such as what your chaces of wininng v losing are, what the strengths and weaknesses of your case are, and what, if anything, you can do to make your side of the case stronger.