In the beginning of many employment law claims, the employer and employee may attempt to resolve the dispute without the involvement of an employment attorney in Costa Mesa representing the employee. However, even during this time, the employer often has an employment lawyer in Costa Mesa on retainer to protect its interests, leaving the employee in a weakened position. If the topic of settlement comes up, employers may be hesitant to involve a plaintiff’s attorney.

Settlement Negotiation Process

In many situations, the parties begin the process by trying to work out the situation on their own. However, they may not be able to come to an agreement on their own. They may then involve attorneys in the matter. The employee and employer might skip direct negotiations and assign this task to the attorneys. If there is still not a resolution, the parties may attempt to go through mediation to resolve the claim.

Problems with Negotiations without Attorneys

While many disputes are dealt with by the parties directly, an employment attorney in Costa Mesa can explain that this route may not be in your best interest. One reason why this process often does not work is because an employer usually has more power than an employee. An employee may fear losing his or her job or a good recommendation from the employer. Additionally, employers may be more sophisticated in dealing with legal issues. They may be more aware of the employee’s legal rights and the facts and circumstances that can prove or disprove the employee’s claims. The employer can use this information to assess whether the employee would likely prevail with the current claim. Employees may lack this knowledge and experience. This results in the employer sometimes knowing when it has violated the employee’s rights even if the employee is not aware of this violation. Additionally, employers generally have more financial resources available to them than an average employee. This means that the employer can likely withstand lengthy litigation more than the employee.

If you would like more information on this subject, contact Daily Aljian LLP by calling (949) 861-2524 today.