Considering Legal Action

Wipe the dollar signs from your eyes. While it’s true that some workers have won multimillion dollar judgments against their employers, it’s also true that such judgments are very few and very far between. There are several things to think about before you decide to launch a no-holds-barred legal challenge to your firing or wrongful workplace treatment.

Evaluate your motives. First, answer one question honestly: What do you expect to gain by a lawsuit? Are you angry, seeking some revenge? Do you hope to teach your former employer a lesson? Do you just want to make your former employer squirm? None of these provides a strong basis on which to construct a lawsuit. If an apology, a letter of recommendation, or a clearing of your work record would make you feel whole again, negotiate first for those things.

You will need good documentation. As this book stresses again and again, the success of your claim or lawsuit is likely to depend upon how well you can document the circumstances surrounding your workplace problem. If your employer claims you were fired because of incompetence, for example, make sure you can show otherwise by producing favorable written performance reviews or evidence that your employer circumvented the company’s disciplinary procedures before firing you.

Before you discuss your case with a lawyer, look closely at your documentation, and try to separate the aspects of your problem that you can prove from those you merely suspect. If you cannot produce any independent verification of your workplace problem, you will be in the untenable position of convincing a judge or jury to believe your word alone.

Taking action will require time and effort. You can save yourself some time and possibly some grief by using this book to objectively analyze your job loss or problem. If possible, do it before you begin talking with a lawyer about handling your case. Once again, the keys to most successful wrongful discharge lawsuits are good documentation and organized preparation—both of which must come from you.

Be mindful of the expense. Because many challenges to workplace problems are legal longshots, lawyers who specialize in this type of case often refuse to handle them. In fact, these days, many originally well-meaning employment lawyers have switched to where the money is: They represent employers.

So your initial search for legal help is likely to be frustrating. And, if you do find a lawyer willing to take your case, you will probably have to pay dearly. If you hire a lawyer with expertise in wrongful discharge lawsuits and your case is less than a sure win, you can expect to deposit several thousands of dollars to pay for the lawyer’s time if your lawsuit fails, plus thousands more to cover other costs.