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Do I Have to Go to Court to Win a Wrongful Termination Settlement?

Posted by Brian Vogel | Oct 02, 2017 | 0 Comments

Unless you're a lawyer and/or love a good fight in public, you probably don't relish the thought of stepping into a courtroom to square off against a former employer, even if you know you are in the right. Many good employees are financially and emotionally victimized by employers and supervisors every year through wrongful termination, but those employees are discouraged from pursuing their rights to financial recovery and other forms of relief for a variety of reasons. One of the main reasons is a fear of going to court, but the fact of the matter is that most wrongful termination matters are settled without the plaintiff ever having to spend significant time in court.

Your Former Employer Probably Hates Court More Than You

Although you may dread going to court, your employer and/or supervisors may be significantly more worried about going to court than you. After all, you are the one with the complaint, and whatever allegations you have about discriminatory, embarrassing, or illegal behavior is going to reflect poorly on them in the public record, not you.

Furthermore, you are the one seeking financial relief from them, so they have everything to lose by being dragged into a lawsuit (not to mention the expensive attorney fees that courtroom trials entail), whereas you as the plaintiff have everything to gain from the process.

How Wrongful Termination Settlements Are Generally Won

With that in mind, you should understand that most wrongful termination defendants are as interested in avoiding court as you are, if not more so. Thus, the vast majority of successful wrongful termination lawsuits end in a settlement prior to anyone ever testifying in court.

A settlement can occur at any point in the process, from the moment that your attorney contacts the employer with your allegations on through to any point in the trial or even after the trial, where one party is threatening to appeal.

Prior to a settlement, most defendants will want to see that there is indeed evidence that supports your allegations. That evidence may be clear from the outset or it may only become clear through the collection of documentary evidence and deposition testimony in the discovery phase prior to a trial. The stronger your evidence, and the more the defendant has to lose in the matter, the higher your settlement will likely be.

Of course, every case is different, and the relative experience and skills of your employment attorney can play an enormous factor in how quickly and easily you are able to obtain a wrongful termination settlement. Furthermore, an experienced employment attorney can have a confidential consultation with you to assess your likelihood of success and the likelihood of having to go to trial or not.

Contact a Pasadena Wrongful Termination Attorney Today

The Law Offices of Brian I. Vogel represents California workers in helping them win justice and financial recovery through wrongful termination actions as well as other employment law actions. With three decades of experience in bringing hundreds of actions on behalf of California workers, Brian Vogel has the skills, tenacity, and deep knowledge of California and federal employment law to fight for justice on your behalf. Contact him today to schedule a consultation regarding your wrongful termination.

About the Author

Brian Vogel

Working Hard for Workers' Rights Brian I. Vogel graduated with a philosophy degree from Emory University in Atlanta, Georgia in 1982 and with a law degree from Benjamin Cardozo School of Law in New York in 1986 and has been a licensed California attorney since 1987. Employment attorney Brian Vo...


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