Rights of Employees
Employment Law Negotiations
When clients first contact a New Jersey employment lawyer, they may be thinking about filing a lawsuit and eventually going to trial. However, most employment law cases settle before a lawsuit even is filed. In fact, even when a lawsuit has been filed, over 95% of cases are resolved before trial. As a result, employment law negotiations are extremely important.Advantages of Negotiating
While litigation often is necessary, it can be time consuming, stressful, costly, and risky for everyone involved. In New Jersey, employment law cases can take at least two or three years, if not longer, before they go to trial. The process can be physically and mentally draining, especially if you have to relive the harassment, discrimination or retaliation you experienced.
Litigation also can be costly, potentially including paying fees to lawyers, mediators, court reporters and expert witnesses, among other expenses. In many cases there is a risk of losing your case on a motion for summary judgment, and virtually every case has at least some risk of losing at trial. A settlement eliminates most or all of these costs and eliminates the risks of litigation for everyone involved.Pre-Litigation Settlement Negotiations
In most case, it makes sense to attempt to resolve your case before you file a lawsuit. This potentially could save everyone the time, cost, and aggravation of a lawsuit. It also could make it easier to settle your case, since your employer might be more willing to compromise to avoid having a public lawsuit filed against it. As a result, for most of our clients we recommend writing a settlement “demand” letter to try to negotiate your employment law claims before we file a lawsuit on your behalf.
Even if pre-litigation negotiations are unsuccessful, sending a demand letter can help you learn more about the company’s response and potential defenses to your claims. In some instances, this can help you refocus your allegations. In other situations, it could help you decide whether to file a lawsuit at all.Negotiations During Litigation
Of course, early negotiation efforts are not always successful. When that is true, a New Jersey employment lawyer may have to file a lawsuit and commence litigation on your behalf.
Sometimes merely filing a lawsuit can enhance your settlement position, especially if your employer thought your threat to do so was a bluff. Other times it may be necessary to engage in discovery to try to prove your case before your employer will offer a fair and reasonable settlement. Either way, the negotiation process continues after a lawsuit has been filed, up to the trial and even on appeal.Settlement Conferences and Mediation
There are many opportunities for a New Jersey employment lawyer to settle your case after litigation has started. For example, judges often will hold settlement conferences to try to help the parties reach an agreement to settle the case. Likewise, many cases are sent to mediation, at which a neutral lawyer or retired judge will try to help foster a settlement. But whether a case settles as a result of a settlement conference, mediation, or simply through the efforts of the parties and their employment lawyers, litigation often ends with a settlement rather than a trial.Contact Rabner Baumgart Ben-Asher & Nirenberg, P.C.
Whether you are looking to negotiate or litigate your employment law claim, we can help. Our New Jersey employment law attorneys represent individuals in a wide range of workplace disputes.
Please feel free to contact us online, or to call us at (201) 777-2250, to schedule an initial consultation. We can meet with you in person at our office in Montvale, New Jersey, or speak to you over the telephone or via a Zoom meeting.Related Articles