An article in today’s New York Post, “Rough Justice,” highlights some of the many difficulties that can arise for employees who choose to sue their employers for employment discrimination.
Indeed, anyone who is seriously considering suing for employment discrimination needs to take into account the potential for tough times ahead. Potential issues include, but are not limited to: A long time period between commencement of the claim/suit and final resolution (there may be appeals); many out-of-pocket expenses (court reporters, transcripts, filing fees – to name a few); your personal time expenditures (for hearings, depositions, evidence gathering, etc.); and, after all of this, the potential for losing the case entirely.
Often, larger employers easily have more resources ($$$) than current or former individual employees. It’s possible that an employer might want to settle a suit to avoid the hassle, but as today’s NY Post points out, it’s also possible that an employer might want to aggressively fight lawsuits to create an example for others.
Lawsuits are not without their risks. Carefully weigh your risks by discussing both known and potential issues with your attorney. Discuss with your attorney the evidence that would be required to prevail in your case. Then do your own cost-benefit analysis to decide whether you really should sue. Potential clients often ask, “Can I sue?” Remember, you can always sue, but you can’t always win.