How to avoid settling an employment discrimination case?

Probably the easiest way for the plaintiff’s attorney to ensure the case does not settle is to miss filing deadlines.

Can a defendant lose an employment discrimination case?

The defendant’s risk of losing is not only bad public relations, but also entitles the plaintiff to attorneys’ fees thus bestowing upon the employer the dubious honor of paying both to prosecute and defend the case.

Can you represent yourself in an employment discrimination case?

Unfortunately, your employer may not take you seriously if you attempt to represent yourself in an employment discrimination case. Once you have an experienced employment discrimination attorney on your side, you will be able to show your employer that you are serious and ready to fight back.

How often do employment discrimination lawsuits get filed?

However, these types of cases are extremely rare, considering the number of employment discrimination suits filed across the country every year. The vast majority of job-discrimination complaints are brought by individuals who cannot afford high-powered class-action attorneys.

When to not settle an employment discrimination case?

If the attorney takes the case without satisfactory answers to these questions, it is likely that the case will not settle. No one likes to be accused of discrimination, especially in public documents filed at the federal or state courthouse.

How does an employee win an employment discrimination case?

If the employer proves those facts, the burden once again shifts to the employee, who has to prove that the employer’s “legitimate” reason for terminating them is merely a pretext for discrimination. Finally, if the employee proves all of those facts, he or she wins the case.

How to show pretext in employment discrimination case?

To show pretext, “a plaintiff may show that an employer’s proffered non-discriminatory reasons for the termination are inconsistent over time, false, or based on mistakes of fact.” Haynes, Case No. 17-2431 at 12. If the employee does so, then summary judgment should be denied and the case should proceed to trial.