Employment Lawsuits: Settle or Go to Trial?

Determining whether to settle your claim against your employer or take it to trial is a hard decision. Make the right decision, and you vindicate yourself; prove your boss wrong, and walk away with money in your pocket. But make the wrong decision, and you spend money for trial expenses and you walk away with nothing in your pocket besides two to four wasted years of your life and a gloating ex-boss. In making the right decision l, you need the guidance of an experienced employment attorney.

Why Avoid Trial

In general, employment lawsuits can be very emotionally and financially stressful for the plaintiff. The majority of plaintiffs prefer to settle their case in the hopes of having to go through the horrors of trial. Likewise, employers will generally to everything possible to avoid trial not only because it is the cheaper alternative, but also because they want to avoid the negative publicity.

The option of settlement is usually more attractive earlier in the game, when the parties are less entrenched in their positions and have spent less in attorney’s fees, especially for the employer.

When Is Settlement Most Effective?

Settlement talks may be more effective once certain motions, such as a motion for summary judgment, has been filed in order to be able to better ascertain and limit the scope of an action. Your employment attorney may advise you to wait to pursue settlement negotiations until a motion for summary judgment has been filed, but before he or she has spent time and money in preparing a response to the motion.

Nevertheless, whenever you decide to pursue settlement in your case, you and your Lakeland employment law firm attorney will need to properly assess the facts and the strengths and weaknesses of your case.

We Can Help You Make the Right Decision

For more information about whether you should settle your employment claim or go to trial, you should consult with employment attorney Reed Aljian. To schedule a complimentary consultation, please call Daily Aljian LLP at (949) 861-2524.