If I can give any advice to someone considering legal action on an employment matter, it is this: Be realistic when you begin the legal process. You have to be prepared for a huge fight. It might be good to have a bit of Don Quixote in you, because you are going to need it. For one thing, it is not, no matter what anyone tells you, a 'level playing field,' especially in the beginning. Employers will use all of their resources to weaken a plaintiff's case. And plaintiffs will need resources of their own.
Unlike claims brought against a corporate defendant who is insured for negligent conduct, employment cases get to be very personal and in many instances downright emotional. Many senior corporate officials have large egos -- especially those who are extremely successful financially. They don't like being sued for firing a longtime employee who is out of step with upper management, or for being sexually abusive to women in their employ.
These kinds of intrusions into their corporate careers sometimes evoke a lot of anger and defensiveness. Thus a plaintiff employee has a real battle on his or her hands when they sue.
That's the kind of stressful struggle we're talking about, and some people simply are not up to it. It takes a certain amount of intestinal fortitude, because the levels of stress can effect a person deeply.
The process is a commitment, for both the lawyer and the client. They must be ready to go to the bitter end - together. People come into my office having suffered a clear-cut case of discrimination, and I may agree with them on the merits of the case. But there are instances in which we can't pursue it either because the costs outweigh the economic advantages of pursuing the litigation or the employee's career opportunities would not be served by bringing a lawsuit that would distract him for several years. Employers should try to achieve settlements early on in serious cases. It's my opinion that their frequent failure to do so is a huge mistake.
Once we agree to proceed, it is a complete commitment. And the victories, ultimately, are very personal and gratifying. We want to help people get on with their lives, and enable them to take away some dignity from a painful and difficult experience.
