How much can an employer waste fighting a retaliation and discrimination case along with state charges up front before trial?

Asked about 1 year ago - Dallas, TX

My former employer is preparing to make an initial settlement offer to me after I filed a retaliation, race/sex discrimination, hostile work environment followed with defamation, and wrongful/constructive discharge petition against them in court. I know that they will low ball me and it seems that my current attorney will try to get me to settle for a ridiculous low amount for a quick check. Any information as to just a rough estimate that they will waste before trial or even after depositions would be great so I can get a better picture and different opinion than what im being persuaded to take. I don't want to let them off lightly as I know they don't want to just pay me off without a fight. I understand that it is risks on both sides in the pre-trial negotiations, so please shed light.

Attorney answers (2)

  1. Brian W. Erikson

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . If you have concerns about your current attorney, consult with a second attorney for an hour or so. You can bring to that attorney all your materials and the pertinent pleadings so that that attorney can provide a proper assessment. No one at this web site can provide a proper assessment without seeing your evidence, and evaluating the defense.

    Keep in mind that settlements generally occur because both sides fear the risk of trial, and want to avoid the time and expense of trial. In other words, a sum certain is preferable to the unknown roll of dice at trial.

    Good luck.

  2. Adam Kielich

    Contributor Level 18

    2

    Lawyers agree

    Answered . It's impossible to say what an appropriate range would be for a settlement without knowing a lot more information about your case. If you have reservations about your current lawyer you should hire another lawyer to offer you a second opinion based on the facts of your situation.

    Don't automatically assume your lawyer does not have your best interests in mind. Your current lawyer may be giving you a realistic assessment of the value of your case based upon the strength of your case, the strength of the employer's case and the law. Employment discrimination cases are lost by plaintiffs about 50% of the time and the laws governing employment discrimination limit the amount you can win at trial so the value of your case is not strictly based upon what you can prove but legally what you can accomplish with those facts.

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