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Employment Law Negotiations

Employment Law NegotiationsWhen clients first contact an 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 lawsuits are filed, well over 95% of cases are resolved before trial. As a result, employment law negotiations can be 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 and New York, employment law cases easily can take 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. It also can be costly, potentially including fees for lawyers, mediators, 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, litigation is often the next step.

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 employment law negotiations process can continue after a lawsuit has been filed, up to the trial and even on appeal.

Settlement Conferences and Mediation

There are many opportunities to settle employment law cases 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 attorneys represent employees with a wide range of workplace disputes in New Jersey and New York.

Please feel free to contact us online, or call us at (973) 744-4000, to schedule an initial consultation.

Client Reviews
★★★★★
"I worked with Jonathan Nirenberg, ESQ on a sensitive emotional employment matter. Mr. Nirenberg was quick to respond, offered excellent advice, and always followed up with phone calls or emails when needed. My situation was settled out of court within a short period of time with the best possible results for not just me but also for the employer. Highly recommend and would seek his help again if needed..." Linda Busch, PhD
★★★★★
"We've had the pleasure of working with Jonathan on multiple individual and class employment cases. Jonathan is a skilled, dedicated and caring attorney that works diligently to bring justice for his clients. We would recommend Jonathan as a legal resource for any employment cases." Stephan Zouras, LLP
★★★★★
"I felt alone and without a voice, until I hired Jonathan I. Nirenberg of Rabner Baumgart Ben-Asher & Nirenberg, P.C. Mr. Nirenberg represented me in an employment matter. Without his help, I know that I would not have had the extremely successful outcome I had. Jonathan was not only professional, but very empathetic to what happened to me. Jonathan gave me support, and options in relation to a challenging employer/employment situation which was an extremely difficult time in my life..." Shelly Smith