Facing A Lawsuit Against Your Employer? 4 Tips to Survive the Battle Ahead

By Julie A. Uebler, Esq. 

I grew up playing team sports and always enjoyed the competition. I went to law school primarily because I like a good argument. For several years earlier in my career, I worked as an in-house attorney, which should have been satisfying because it allowed me to focus on preventing legal risk, rather than just defending claims afterwards. Instead, I missed being in the fight. When I left that in-house job, I “switched sides” and started representing individuals who had been mistreated by their employers. I like representing plaintiffs for lots of reasons, but a primary reason is that I enjoy being an advocate in the battle to get justice for my clients.

Most of my clients, however, would much rather avoid a fight with an employer, and the related stress and anxiety it creates. Over many years, and through many lawsuits, I have worked with clients to develop some tools and insights to help ease that stress during the roller coaster of litigation. With thanks to the clients who have given me feedback on what helps, I offer these 4 tips to surviving a lawsuit as a plaintiff:

1. Be patient. The legal process can be frustrating simply because it sometimes takes a long time. When you have finally filed a complaint and have come to terms with your claims becoming public, the last thing you want to do is wait six months (or more) for a judge to rule on the defendant’s motion to dismiss. As Martin Luther King, Jr. reminded us: the “arc of the moral universe is long, but it bends towards justice.” 
2. Keep living your life as if the lawsuit were not pending. Just because you have decided to take the courageous step to hold your employer accountable for its illegal actions does not mean that you need to make the lawsuit a focus of your life. You hired a lawyer for a reason – to make your case. You provide the facts, and let your lawyer do the arguing. 
3. When the mud starts flying, don’t take it personally. In just about every case I have handled for a plaintiff, the employer defends itself by saying the plaintiff was a horrible employee, even in situations where performance was not even at issue. Most of the time, the employer’s mudslinging is a sign that the employer is grasping at straws, particularly if the alleged deficiencies had never been communicated to the plaintiff prior to the lawsuit. When you get attacked for standing up for your rights, which you will, keep it in perspective.
4. Don’t give up. If the merit of your case is crystal clear, the defendant is likely to try to settle it before a lawsuit is even filed. If you are forced to file a lawsuit to get justice, it probably means that your lawyer has some convincing to do on your behalf. In the process, there will be losses and setbacks, including not getting all the evidence you think you need in discovery, or not being permitted to use the expert you invested in. Just because you lose a battle does not mean you are going to lose the war. Keep going.

If you believe you have faced mistreatment at work and are considering your next steps, the experienced employment law attorneys at Uebler Law LLC can guide you through your options. Contact us here.