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How Long Does It Take to Settle an Employment Law Claim?

Published on Aug 20, 2020 at 3:56 pm in Employment Law.

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Filing an employment law claim is not something you do lightly. When you choose to file an employment law claim, you are probably more worried about getting justice than how long it will take. But as you get further into the process, you probably want to know how long the claim will take to settle just so you fully understand what you are getting in to.

Whether you faced workplace discrimination, sexual harassment, or any other rights of yours were infringed upon in the workplace, you can hold your employer responsible for their actions. A Little Rock employment attorney can help you through the legal process and ensure that you get fair compensation for the injustices you endured. Let’s look at what your legal steps will look like and how long your claim might take.

What Are the Basic Employment Litigation Steps?

Before you can understand the timeline of your case reaching a settlement, you should first understand the steps that must take place before a settlement is even discussed. Here are the basic steps of employment litigation:

  • File a report. Your first step will be filing a report with at least one regulatory agency, like the EEOC, DOL, or Employment Security Commission. This will help your case later because there will be a record of a report of wrongdoing.
  • File a complaint. After the report, a lawsuit may be deemed as necessary, and then you would file a complaint with your employer. Then your employer will either file a motion for dismissal or they will answer the complaint. If they answer, then the case moves on.
  • Discovery. In this stage of your claim, both parties present each other with relevant questions to answer and request relevant documents from each side to best argue their cases.
  • Mediation. This step involves a third-party mediator who will try to find an agreement between both parties so that the case doesn’t have to go to trial. If a compromise can be reached, the case will go to a settlement.
  • Potential settlement. A settlement is when you choose to end the dispute by voluntarily dismissing the litigation and coming to an agreement about a settlement amount. If the settlement amount offered to you is not enough for what you endured, you can choose to go to trial so that you can get fair compensation.
  • Trial. Your employment litigation lawyer will help guide you through a trial so that you can get the compensation you deserve for your employer’s actions.

Settling Your Employment Law Claim

The above list might seem like a lot of time-consuming steps, and that’s because they are. Choosing to file an employment law claim is not a decision made lightly and is not guaranteed to be a quick turnaround. Based on EEOC timelines, your initial report must be filed within 180 days of the offense. After that report, your employer has potentially up to 60 days to answer. That’s already around 8 months of dealing with a case, and that’s just the beginning.

Your full employment litigation process could take years, depending on how complicated your case is and the potential winnings that are being fought for. The higher the amount, the longer your case might take. This is why you’ll want a Little Rock employment lawyer on your side. We will keep you in the loop throughout your entire case so that you know exactly what to expect, and so you have an understanding of how long it might take. Reach out to our office today so that we can discuss your potential claim and the next steps you need to take so you can get justice.

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