When an employment lawyer Orange County is presented with an employment law case, he or she completes a basic assessment of it. This process evaluates the following factors.
An employment lawyer Orange County determines whether a governmental agency has found cause in the case at hand. This usually has a positive effect on the case. For example, if the Equal Employment Opportunity Commission finds cause, the case is more likely to settle successfully.
Jury’s Potential Assessment
An employment lawyer will consider how the jury will likely judge the case. For example, if the jury feels that the employee was treated unfairly, it is more likely that it will rule in the employee’s favor. This consideration coupled with the lawyer’s legal theory are the major factors that dictate whether an employment lawyer will take the case.
Another important factor is whether the employee has negative information in his or her background that can adversely affect the case. Some pieces of evidence that may come into play include a history of alcohol abuse, drug abuse, domestic violence, criminal history or prior firings for cause.
Limitation of Damages
In some situations, the employer may be able to limit the damages for which he or she is liable by using after acquired evidence to justify an otherwise wrongful termination after the fact. This may include discovering lies on a job application, stolen evidence from the employer or improper use of a work computer.
If you would like more information on how an employment lawyer Orange county assesses a potential case, contact Daily Aljian LLP.