Deciding to sue your employer is a big step. It’s often because you feel really frustrated or wronged at work. You might be dealing with discrimination, harassment, or being fired unfairly. These situations can be very emotional and legally tricky. But knowing what to expect can help you get ready.
You might be dealing with discrimination based on race, gender, or age. Maybe you’ve faced harassment, like unwanted advances or a hostile work environment. Another common reason is being fired unfairly or without good cause. If you’re facing any of these issues, then hiring a law girl like HKM and suing your employer is a good first step.
1 – Filing the complaint
After you’ve hired the attorney, you’ll need to file a formal complaint. This process starts with understanding what you need to do. In the U.S., you often need to file with the Equal Employment Opportunity Commission (EEOC) or a similar state agency.
After you file, your employer will be notified. They may respond in different ways, such as denying the claims or acknowledging some parts but disputing others.
Often, the next step is mediation or settlement talks. Mediation involves a neutral third party helping both sides reach an agreement without going to court. It can be a quicker and less stressful way to resolve the issue.
If no agreement is reached, your case may go to investigation and possibly to court. Each step requires careful preparation and decisions, often guided by your lawyer, who will help you through these processes and fight for your interests.
2 – The legal process
The legal process involves several steps once you decide to sue your employer. One important step is the discovery phase. During discovery, both sides share evidence related to the case. This includes documents, emails, and other records that can support each side’s claims.
Depositions also happen during this time. These are formal interviews where witnesses, including you and your employer, answer questions under oath. Written questions that need written answers, called interrogatories, are also part of discovery.
After discovery, pre-trial motions occur. These are requests made to the court before the trial starts. One common pre-trial motion is a summary judgment which is when one party asks the court to decide the case based on the evidence without having a trial.
3 – Going to trial
Going to trial is the last major step in suing your employer. First is trial preparation. This is when you and your lawyer get ready for court. You’ll prepare witnesses who can support your case. They might be colleagues or experts who can provide important information.
During the trial, testimonies are essentially the backbone of the case. You and your witnesses will testify, explaining your side of the story. The employer’s witnesses will do the same. Cross-examinations follow, where each side questions the other’s witnesses to challenge their statements.
After all the testimonies and arguments, the judge or jury will deliver the verdict. This is the decision on whether you win or lose the case.
