Making the decision to begin employment litigation is not one that should be taken lightly. It takes working closely with employment law attorneys to determine if it is the most beneficial route to take. Employment litigation in North Carolina can end up being extremely time consuming, expensive and cause a lot of stress both in and out of the office. Ferguson, Hayes, Hawkins & DeMay have labor and employment attorneys experienced in the laws surrounding these specific issues who can offer you valuable advice if you decide to pursue legal action. In this article our Concord attorneys have prepared 5 key items you should consider before making a final decision.
1) Get a Proper Assessment
Get together with an experienced employment law attorney to help properly assess your case and see if litigation is necessary. They can help you sort through all of the laws, statutes and analyze the basics of the case. They can help make what seems complicated much easier to understand.
2) Determine What Your Needs Are
You need to stop and figure out what you want the ultimate outcome to be. In some instances, if an employee is expecting monetary damages the amount may be limited in what they can recover. This will put you in a better position for a settlement, which saves you a lot in legal fees.
3) Learn What Remedies and Outcomes are Available to You
Employment litigation in NC can be costly, so make sure you are familiar with every avenue of remedy that is available under the law and what the possible outcomes can be for any action or inaction taken. You need to take a realistic look at the situation and try not to cloud your judgment with high expectations. Let the facts, the law and professional attorneys help be your guide.
4) Focus on Best Interests
Even though emotions can run high with employment law cases, it is best to take the time to consider what the bests interests are for you and your business. It may not be worth the time and expense to wage an all out legal battle. Always be open-minded enough to look at settlement options to make it go away quietly if it would serve your interests better.
5) Recovering Attorney Fees
Do not assume that the victor always recoups attorney fees. This is not necessarily the case. The first battle is to actually win the case. You need to discuss the reality of being able to recover attorney fees with your attorneys who should be well versed in how NC employment litigation ends or can be handled efficiently.
Getting past the emotions of employment law issues and taking a healthy look at a case and all options is the best way to make an informed decision as to whether to litigate. Making sure that your business can move forward in a positive way is the most important aspect and communicating with an employment law firm or lawyer is of the utmost importance before jumping into battle.