Not everything that affects the value of your case can be seen or measured. An Orange County employment law attorney examines some pertinent factors that are not always immediately detectable.
Calculation of the amount of funds you are seeking in restitution for the injustice done to you extends far beyond compensation for legal expenses, financial hardship and punitive damages. It also includes certain circumstances that can impact the value of your case either positively or negatively. Some of these are listed below:
- Profound psychological and emotional suffering on your part. The stress caused by the unjust treatment to which your employer subjected you could render you unable to endure the rigors of trial or deposition. Your failure to testify could work against you in that your testimony is missing, thus weakening your case and lessening your potential damages. It could also work for you in that your attorney can clearly demonstrate the level to which you were emotionally harmed by the entire ordeal;
- Distasteful defendant-employer. An employer that has had similar charges leveled at it in the past, an unsavory business reputation or other objectionable attributes will have difficulty evoking sympathy from a jury. This can work in your favor and is something your lawyer can use in your behalf;
- Defendant’s aversion to publicity. Lawsuits tend to be quite public, and not all employers enjoy finding themselves in the limelight. This is especially true if the publicity surrounding them is not to their credit. Your attorney may be able to negotiate a higher premium if the employer is anxious to keep the matter as private as possible. This also holds for privately-held firms in that they are unlikely to want financial data they feel should be kept in-house made available for public scrutiny;
- Counsel for the opposition. The relative size of the law firm for the opposition and the strength of your case has a bearing on how much you could be awarded. A sizeable law firm accustomed to working with large corporations will spot weaknesses in your case and is likely to submit a motion for summary judgment. This could reduce the amount of money you might expect. Smaller firms are less likely to do so and your prospective gain is greater.
The reverse is the case if your claim is a strong one. A larger firm will not wish to take a case to trial unless they are fairly sure they can win as this could jeopardize their relationship with their client. If your case is strong, they do not have that surety and are more likely to avoid litigation by offering a better settlement. A smaller firm, however, is more likely to litigate than to settle; and
- Additional claims. If your lawyer can show that there are additional charges that can be added to your claim, your damages can be augmented if the case is decided in your favor.
Know Your Options
Be sure that both tangible and intangible factors are fully considered in your employment case. Contact Daily Aljian LLP by calling 949-861-2524 today.