Knowing what to expect when you file an employment lawsuit can help you make informed decisions. You should be familiar with the normal length of time needed to resolve a case and the phases that could occur between filing the lawsuit and receiving compensation. This article will guide you along the path that most employment claims follow, according to an employment lawyer in Kansas City.
Ask an Employment Lawyer in Kansas City: How Long Does an Employment Lawsuit Usually Take?
We try to resolve our client’s cases in as little time as possible while ensuring they receive the full value of their claims, according to the statutes which were broken and the damages that were incurred. The amount of time it takes to reach a resolution varies widely but generally does not exceed two years. A major factor in determining the length of the case is whether or not the parties agree to a settlement before going to trial.
Cases that end in a settlement can often be resolved in a matter of months. As you are learning about the phases of an employment lawsuit, it is important to remember that the plaintiff and the defendant can agree to a settlement at almost any time, effectively finalizing the case without the need to proceed to the next phase.
What Are the Phases of an Employment Lawsuit?
Analysis of the Case
We consider a lawsuit started from the moment a potential client first approaches us for a consultation. Following the initial conversation, our team of lawyers will perform an in-depth analysis to determine the chances of the claim being upheld in court and the amount of compensation it is likely to yield.
Negotiating a Pre-Litigation Settlement
When faced with the possibility of being taken to court, many employers will issue a settlement offer before they are officially served a notice of the lawsuit. With the help of a lawyer, it isn’t difficult to find out more about negotiating a favorable settlement. You and your lawyer will decide together whether to attempt a pre-litigation settlement or proceed immediately to file a lawsuit.
The Pleadings Stage
When you officially file an employment lawsuit, your employer will be served with a notice of the complaint. They will then have an opportunity to file an answer, acknowledging the complaint and retaining the right to argue their position in court. This stage usually takes several weeks to complete.
The Discovery Phase
During the discovery phase, both parties and their legal teams are allowed to build their cases by accessing evidence obtained from each other and from third parties. The discovery phase may entail the following:
- Serving written interrogations
- Reviewing written evidence, such as emails, text messages, and other documents
- Depositions
The time needed for the discovery phase depends on the complexity of the case and the amount of evidence to be obtained. In most cases, it can be completed in several months.
Motion for a Summary Judgement
Many employment lawsuits end during the discovery phase because the parties are able to reach a settlement in light of the evidence that is uncovered. Before proceeding to the trial, filing a motion for a summary judgment is the last option that can result in the case being disposed of or won.
A motion for a summary judgment is essentially a request of the judge to review the validity of all the facts being presented by the filer. If the review indicates that all of the material facts are true, the judge can decide that there is no need for a trial.
The Trial
In an employment lawsuit, the actual trial generally takes a few days. The trial consists of the following:
- Trial motions
- Opening statements
- Presentation of evidence, including the introduction of documents and witness testimonies
- Closing statements
- Jury deliberations
- Issuance of the verdict
After the trial, either the defendant or the plaintiff may have the opportunity to appeal the verdict. If the judge or jury sides with the plaintiff and the decision is not appealed, processing the payout should not take more than six weeks.
Meet With an Attorney to Discuss the Specifics of Your Case
The best way to understand how long your employment lawsuit will take is by consulting with a lawyer who specializes in employment law. Employment law cases include discrimination, employer retaliation, and sexual harassment. Failure to honor contractual obligations, violations of FMLA and wage disputes also fall under employment law. The attorney you meet with can assess the amount of time it could take to argue your case according to the strength of the evidence in your favor and other factors.
The time needed to resolve an employment lawsuit may incentivize your employer to give you a settlement offer that is large enough to cover your damages. Your lawyer should make you aware of the progress of your case at each stage, working towards a settlement without compromising the value of your claim. While some cases resolve quickly, you don’t want to settle for less than you deserve.
