Derek Smith Law Group / Employment Law / How Long Will My Employment Discrimination Case Last?

How Long Will My Employment Discrimination Case Last?

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TABLE OF CONTENTS

An Employment Discrimination Lawsuit May Last a Few Months to a Few Years
An Employment Discrimination Lawsuit May Last a Few Months to a Few Years.
What Is Employment Discrimination?
What Are Your Rights as a Victim of Employment Discrimination?
What Are the Stages of a Federal Lawsuit?
What Is Mediation?
What Is Your Attorney’s Role in Mediation?
What Leads an Employer to Settle an Employment Discrimination Claim?
How Can Your Employment Discrimination Lawyer Help Move Your Lawsuit Forward?
Our Experienced Employment Discrimination Lawyers Are Ready for Your Call

An Employment Discrimination Lawsuit May Last a Few Months to a Few Years

If you experience employment discrimination, you have the right to seek justice. You can file a claim for employment discrimination from an employer, supervisor, manager, coworker, or nonemployee. Your case can last anywhere from a few short months to several years before you reach a settlement or receive a judgment from the court.

Working with an employment discrimination lawyer can help cut the amount of time your case takes to settle. They can begin to negotiate a settlement from the moment you agree to file a charge of discrimination in the workplace.

What Is Employment Discrimination?

Employment discrimination occurs when you experience negative treatment or harassment at work based on characteristics protected by law (protected classes).

The treatment can create a hostile work environment, get you fired from work, or result in other forms of retaliation. Federal and state laws prohibit all forms of discrimination in the workplace, including retaliation and wrongful termination.

What Are Your Rights as a Victim of Employment Discrimination?

If you experience discrimination in your workplace, you have the right to seek justice. You have the right to file a lawsuit against your employer in either federal or state court. The details of your case may dictate where you would find the best results for your claim. Discuss your legal options with your employment attorney to ensure you file your claim with the appropriate agency or court within the proper time frame.

What Are the Stages of a Federal Lawsuit?

There are two stages to a lawsuit:

Pre-suit

Pre-suit of a federal lawsuit occurs any time prior to filing a charge with the Equal Employment Opportunity Commission (EEOC). 30-40% of cases settle during the pre-suit phase of a case. As a result, your lawsuit has a high chance of settling in a matter of months.

During the pre-suit phase, you prepare your EEOC charge for filing. Your attorney will offer your employer the opportunity to settle your claim before filing it with the EEOC. If your employer agrees, settlement negotiations can begin.

Post Suit

Post Suit is any time after an EEOC charge has been filed. Settlement can occur at any time during this phase, up to and including during trial.

However, post-suit agreements can take months to several years to occur. Post Suit judgments can take many years. Additionally, your employer can always appeal the court’s decisions after a court enters a judgment.

What Is Mediation?

Mediation is also known as shuttle diplomacy. It is an opportunity for the parties to settle a lawsuit outside of court before spending too much money. Mediation involves a neutral judge or retired lawyer (the mediator). You often sit in one room while your employer and his lawyers sit in another room.

The mediator shuffles between both rooms, relaying messages and helping the parties to reach an agreement. Depending on both parties’ willingness to negotiate, mediation can be a very useful tool to help settle a lawsuit quickly. However, if mediation is not effective, the case then moves towards trial.

What Is Your Attorney’s Role in Mediation?

Your employment discrimination lawyer can help move mediation along in your favor. The mediator is a neutral party. They cannot provide any legal advice to you or your employer. Your attorney is your advocate and advisor in the mediation process.

Your attorney can help you request the compensation you need and want during the settlement process. They can guide you to make the best decisions regarding settlement or moving forward with litigation.

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

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Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

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Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

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Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

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What Leads an Employer to Settle an Employment Discrimination Claim?

Many factors can lead an employer to settle a case for discrimination in the workplace. Some of the issues that may lead an employer to settle the case at any point may include:

Your employer has paid hundreds of thousands of dollars in legal fees and is ready to put the case behind him.
You did amazingly well in your deposition, and your employer’s attorney advised him to settle.
Your employer’s witness gave a horrible deposition.
Your employer wants the case to go away as quickly as possible without any public scrutiny.

An employer (or Defendant) can choose to settle the case at any time for any reason. However, the more assertive and willing to go to trial your lawyer is, the more likely your employer will settle the case in a few months or a year, as opposed to dragging it to trial.

How Can Your Employment Discrimination Lawyer Help Move Your Lawsuit Forward?

You need an advocate to help move your employment discrimination claim forward as quickly and fairly as possible. Your employment discrimination attorney can help you speak up for your rights early in the litigation process. They can begin the settlement process as they help you prepare your EEOC charge or complaint.

Your employment lawyer can give you the confidence you need to get the settlement you deserve. The more confident in your case your attorney feels the more likely your employer and his attorney will look to settle the case instead of going to trial.

Verdicts & Settlements

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$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Our Experienced Employment Discrimination Lawyers Are Ready for Your Call

It cannot be stressed enough. A great lawyer must be prepared for trial. There cannot be any fear of going the extra mile and standing in front of a judge. By preparing for trial, your lawyer helps ensure your case will settle sooner rather than later. If you are the victim of employment discrimination or sexual harassment, the Derek Smith Law Group’s experienced attorneys can help.

They will work towards a settlement as they prepare for trial. They will not back down when it comes to defending your rights. Did You File an Employment Discrimination Lawsuit Against Your Employer? Do You Have Questions Regarding How Long Your Lawsuit Will Last? Please Call Us at 800.807.2209 for a Free Consultation to Answer Your Questions.

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