Friday, February 4, 2011

Employment Rights | Damages?

I get a lot of calls from people who were unfairly treated at work. Almost all the calls report mistreatment over a long period of time.

I care. I do what I can to listen and empathize. But the hard and cold truth is that money is always a major concern.

A lawyer who represents plaintiffs in employment law needs to know how much the lawsuit will likely cost. Most workers cannot come anywhere near to footing the bill for 100s of billable hours, so a lawyer takes a big risk if decides to take a case with the aspiration to win on a contingency.

The practice of law has two parts: the law part and the business part. Even if you really did fall victim to discrimination or retaliation, maybe your case just is not financially worth it.

How do you separate a lucrative case from a lemon? You need to show damages. For example, if you were fired, then the length of time between getting fired and getting a comparable job may be significant. Damages like emotional distress, which associate bad health to the bad conduct, are usually harder and more expensive to prove.

In criminal law, you have a right to a lawyer. We've all heard the police read the Miranda warnings to a suspect in the movies! But in employment cases, unfortunately, you don't. You need to have a case that works in both legal and fiscal terms.

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