Assessing Your Case: Workplace Equity (2023)

  • print
  • decrease text size increase text size


  • lar
    • protect your rights
      • Evaluating your case

main content

protect your rightsEvaluating your case

"How much is my lawsuit worth?"

"What can you get for me?"

Many people ask these important questions when considering a lawsuit against an employer. These are very reasonable questions, but also very difficult to answer, especially during the early stages of a lawsuit.

These questions and answers are intended to help you think about this question and to help you develop some ideas about how your attorney arrives at an answer to the above questions.

1. How much is my claim worth?

Many people are surprised to discover that their case may not be worth as much as they think it should be.

The fact is, as devastating as losing your job can be for you, looking at other sections of this site, includingemployment at ease- You will find that many terminations are simply not against the law. Even when firings or other negative employment actions (such as demotion, failure to hire, failure to promote) are illegal, most cases have a modest value at most.

(Video) Transforming the VA Workforce: Assessing Progress on Diversity, Equity, and Inclusion Initiatives

Assessing Your Case: Workplace Equity (2) go back up

2. How will my lawyer evaluate my case?

In assigning a value to a case, a lawyer will rely on their knowledge of the case.modelcase, the individualEmployer, It is likejurisdiction(the state and court in which the case will be filed).

Assessing Your Case: Workplace Equity (4)The amount of recovery varies with themodelFor example, a disability discrimination case under the Americans with Disabilities Act may allow punitive damages (damages to punish the employer), while an age discrimination case under the Employment Age Discrimination Act will not. recovery of punitive damages. When you eliminate the possibility of recovering punitive damages, the value of the case is reduced.

Assessing Your Case: Workplace Equity (5)The recovery amount varies depending on theEmployer, as some employers refuse to settle and tend to be more litigious (willing to fight in court) than others. Also, if the employer is bankrupt or very small, your ability to pay may be very limited.

Assessing Your Case: Workplace Equity (6)The recovery amount varies depending on thejurisdiction(state and court) in which the case arises and must be filed. For example, in New York, your potential legal claims are more limited than in a jurisdiction like New Jersey. New York is very employer-friendly and doesn't allow many "wrongful termination" claims, while New Jersey is known for being more employee-friendly.

Assessing Your Case: Workplace Equity (7) go back up

3. What else will a lawyer look at to evaluate my case?

Some additional criteria that an employment lawyer will use to assess the value of your case are:

(Video) Equality Diversity & Inclusion in 2021 - WHAT'S IT ALL ABOUT?

Assessing Your Case: Workplace Equity (8)Your actual losses, including past and future wages.

Assessing Your Case: Workplace Equity (9)The strength of the evidence you have, the evidence that can be obtained through the pretrial process, and the availability of credible witnesses and documents. Is your word against theirs? Is there objective evidence of wrongdoing? To the extent possible, your lawyer will also look at these things from the other party's point of view: what evidence and witnesses do they have to use against you?

Assessing Your Case: Workplace Equity (10)The estimated cost of your lawsuit, including attorneys' fees and other costs.

Assessing Your Case: Workplace Equity (11)How long will it take to recover. The money you receive today is worth more to you than the money it takes you three years to get back.

An attorney will help you think through these questions, usually as part of an initial consultation.

Many lawyers are reluctant to put a price on a case when they first hear about it because critical information is missing: What is the other party's story and what evidence do they have to back it up?

Assessing Your Case: Workplace Equity (12) go back up

4. I have read about verdicts awarding plaintiffs millions of dollars. Will I have a similar result?

Many people who have been wronged believe that they now have access to a legal system that will reward them with hundreds of thousands of dollars. However, your attorney cannot promise that your case will be worth a million dollars because, frankly, most are not worth a million dollars.

The fact is that most cases settle well before trial, for much less money than it seems from reading the media reports. Here are some things to consider when evaluating how much your case is likely to be worth:

Assessing Your Case: Workplace Equity (13)The vast majority of cases settle without ever going to trial or even filing a lawsuit. The results in these cases are likely to be much lower than cases settled after investing time and money in litigation.

Assessing Your Case: Workplace Equity (14)Even when grand prizes are awarded by juries, many of those prizes are immediately reduced by a judge or set at a much lower amount in an effort to avoid appeal. These premium reductions often go unreported or are reported with less fanfare than the original big verdict. Many employment cases are subject to "caps" on damages, depending on the size of the business, which require the judge to reduce awards that exceed the cap amount.

Assessing Your Case: Workplace Equity (15)Many employment law issues allow an employee to recover only "compensatory" damages. This means that he will be able to recover the value of his lost wages and some future wages and perhaps his attorney's fees. The grand prize reported in the newspaper typically offers huge punitive damages in non-employment cases. And despite political hype to the contrary, even these huge damage awards are extremely rare events!

(Video) The Private Equity Case Study: The Ultimate Guide

High value cases, the proverbial million dollar case, typically require large investments of time, money, resources and energy to achieve these recoveries. Very few cases settle for large sums of money without coming at least very close to trial after many months or years of preparation.

Assessing Your Case: Workplace Equity (16) go back up

5. How has the media distorted the reality of solving cases?

Big verdicts. Great rewards. Garotinho takes the lead. They are great stories and the media certainly have an obligation to denounce them.

However, because of this focus on big prizes, people who read the stories are often misled about the reality of the value of the cases. To consider:

Assessing Your Case: Workplace Equity (17)In 85% of the stories, the media reports cases where employees win. In federal court, plaintiffs only win about 32% of the time.

Assessing Your Case: Workplace Equity (18)The average reported verdict of $1,100,000 is much higher than the actual average of $150,000. For cases settled after litigation begins but before a verdict is reached, the media reports an average win of approximately $3,640,000. The true average is around $125,000.Fuente Assessing Your Case: Workplace Equity (19)

Assessing Your Case: Workplace Equity (20) go back up

6. But my case is a piece of cake! What if my case is not like those other frivolous lawsuits?

Cases of "slam dunk" rarely exist. This point cannot be overstated. You may have documents to support your position, people promising to testify on your behalf, and what appears to be a clear case of injustice. However, the reality is that the document that fumes is very rare, injustice is not always even typically illegal, and what people say they will do on your behalf often changes when they are asked to speak in public and put his own job at risk. .

(Video) How to Pass Outlook Employment Assessment Test: Questions and Answers

Your family, friends, and colleagues may have opinions about the value of your case, but they often don't understand the obstacles and expense involved in obtaining a high-value settlement.

There are no certainties in the law. Sometimes, despite having a good lawyer, a case ends without a cash reward. Discoveries about the facts or law made after the case has started can change the way a case unfolds, as can matters completely outside the case, such as the appointment of a judge who is known to be "bad." for plaintiffs or a state agency it takes years to adjudicate a matter.

Assessing Your Case: Workplace Equity (21) go back up

7. So what should I expect?

You don't have to be a pessimist; just be realistic. Focus on being compensated for the wrong done to you, not on reaping a fortune. That means working with the attorney you've selected to determine the real costs and real benefits of pursuing a matter, and doing everything possible to ignore the publicity you'll inevitably hear at work, at home, and on the news.

Assessing Your Case: Workplace Equity (22) go back up

  • Assessing Your Case: Workplace Equity (24)
  • Support justice in the workplace

  • know your rights

    1. Discrimination


1. Age of Easy Money (full documentary) | FRONTLINE
(FRONTLINE PBS | Official)
2. Diversity, Equity & Inclusion 🔸 Workplace DEI Best Practices 🔸 OPERATOR INSIGHTS
(Ensemble Health Partners)
3. On Diversity: Access Ain’t Inclusion | Anthony Jack | TEDxCambridge
(TEDx Talks)
4. PI Behavioral Assessment: Candidate Guide & Prep Tips
5. How to Address Equity, Diversity, and Inclusion Issues in a Contemporary Workplace | DeEtta Jones
(DeEtta Jones and Associates)
6. What Diversity & Inclusion is REALLY About | Simon Sinek
(Simon Sinek)


Top Articles
Latest Posts
Article information

Author: Stevie Stamm

Last Updated: 27/09/2023

Views: 6033

Rating: 5 / 5 (60 voted)

Reviews: 83% of readers found this page helpful

Author information

Name: Stevie Stamm

Birthday: 1996-06-22

Address: Apt. 419 4200 Sipes Estate, East Delmerview, WY 05617

Phone: +342332224300

Job: Future Advertising Analyst

Hobby: Leather crafting, Puzzles, Leather crafting, scrapbook, Urban exploration, Cabaret, Skateboarding

Introduction: My name is Stevie Stamm, I am a colorful, sparkling, splendid, vast, open, hilarious, tender person who loves writing and wants to share my knowledge and understanding with you.