In a world where litigation is rife, perhaps we don’t need further encouragement to sue, yet if you have been wronged by an employer then it’s natural and perfectly reasonable for you to be compensated.
Now, as far as the law goes, the statement of this title isn’t strictly true, as the law is not designed to help you profit from litigation – it’s designed to put you back in the place you would be had you not been subjected to this unexpected wrong.
For instance, if you had a one year consultancy contract worth $5,000 per month, and the employer terminated the contract a few months down the line – without good reason – you would be entitled to something known as ‘expectation damages’, meaning you would be put in the financial position you would have been in had the company in breach of the employment contract carried out its side of the bargain.
Therefore, hypothetically, if your contract was wrongfully terminated, you could ‘profit’ from the deal as if you had fulfilled the contract. Now, this is NOT legal advice – merely an overview of a principle in law known to highlight the fact you have rights, and when these rights are breached, you are in the empowered position to litigate to put right the wrong that has taken place.
That said, it’s highly advisable you work with a decent wrongful termination attorney, rather than take on the case yourself, as litigation can be a confusing and complex process that many a corporate lawyer will use to his or her favour in order to put a stop to your lawsuit before it’s even begun.
Therefore, half the battle is actually getting the case heard, as most good defence attorney’s will punch holes in a claimant’s complaint to the point they will try to persuade the judge to throw the case out.
In this vein, as once spoken by Mr Miyagi in the classic film, The Karate Kid, “if must fight – then win”.
Here are some tips on winning your case:
- GET REPRESENTATION
As mentioned above, having legal representation is important in winning your case. It’s not essential, as there is a concept known as access to justice which is intended to make it easier for litigants in person to present their case to the court if they are unable to afford an attorney – but, for an easier life, and potentially more successful outcome, if you can afford to get legal counsel then you should.
- BE HONEST
In addition to the issue that you might commit perjury if you were to lie in court, if you do lie and are found out, it undermines your entire case and you could be liable to pay your employer’s costs in terms of defending the case; which could be substantial.
- NEGOTIATE OUT OF COURT
It’s important to remember, that many cases never make it to the courtroom, are settled in court, and as we know from watching Suits, there’s often much negotiation to be had prior to the court date.
Therefore, make your case as strong as you can from the outset – as this will incentivize your employer to offer a settlement prior to it going to court.
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