Employment lawyers who represent plaintiffs play a very important role in today's difficult times where many long-term employees who have given loyal and exceptional service to their employers have suddenly been terminated for economic reasons. Their terminations have devastated them, not only because of the economic hardships, but also due to the emotional distress they experienced, which takes many forms: Depression, humiliation and a feeling of worthlessness since they can no longer support their families or themselves.

They need competent counsel, with knowledge of the various laws that may protect them, including the N.J. Law Against Discrimination. I believe strongly that if someone has been discriminated against on the basis of his so-called membership of a protected class, e.g., his or her gender, age, race, national origin or handicap, a savvy, practical attorney is needed to level the playing field and help them get on with their lives.

We receive 50 or more calls per week from prospective clients as a result of advertising, marketing or referrals, and we must evaluate the facts to determine whether they have cases from the standpoint of the merits of their claims as well as their damages. Many of the calls are nonsensical, for example, from someone who doesn't show up for work and then wonders why he was fired, but others reveal that the person has been a victim of discrimination or some other illegal action. This is the first opportunity for us to exercise good judgment; in other words, it is as important to exercise good judgment before taking the case as afterwards.

Once we take the case, we are called upon to exercise good judgment throughout its course. Negotiation is the way most cases are resolved, but sometimes litigation becomes a necessity because, quite frankly, we cannot achieve anything or "enough" merely by sending a "demand" letter to the employer.

Evaluating the case at every juncture and considering its merits, damages and, most importantly, the objectives of the client (for example: the need for money or closure) is where the employment lawyer's skill, experience and judgment is required most. Overreaching is a bad idea; undervaluing the case is as bad a mistake. The client's pocketbook and financial ability as well as the client's intestinal fortitude are certainly highly important factors on when to settle and how to proceed. Getting the employee to be reasonable is, quite obviously, another one, because it can take a long time to get the employer to be sufficiently reasonable to offer the right amount of money.

Fairness and what I term "sympathy" factors, while having no bearing from a strictly legal perspective, do matter. In fact, many settlements are driven by those factors, as opposed to the merits of the client's case from a strictly legal perspective.

I recently handled a case involving a 46-year-old man who had been terminated for making a single $25 mistake on an expense report, after 24 years of exemplary service as a manager. He and his wife had just had their first child after spending a great deal overcoming fertility problems. This matters and may help me achieve a higher settlement of his legal claims than would be possible otherwise. Why? Because people who represent the companies, their counsel and the decision-makers, are human beings and often will wish to right the wrong that has been done to the employee.