What to Expect: Employment Law Process

The Employment Law Process

Phase 1: Initial Consultation (Week 1)

• Free consultation with attorney
• Review your situation
• Assess legal claims
• Discuss potential outcomes
• Decide on representation

Phase 2: Investigation (Weeks 1-4)

• Gather documents
• Identify witnesses
• Research your employer
• Review employment records
• Develop case strategy

Phase 3: Administrative Process (Months 1-12)

For discrimination/harassment claims:

• EEOC charge filed first (federal)
• State agency charge (parallel)
• Investigation by agency
• Mediation opportunity
• Right to sue letter issued

Phase 4: Demand and Negotiation (Months 3-9)

• Demand letter to employer
• Settlement negotiations
• Pre-litigation discussions
• Many cases settle here

Phase 5: Lawsuit (If No Settlement)

• File complaint in court
• Serve employer
• Discovery phase begins
• Depositions
• Motion practice
• Continued settlement discussions

Phase 6: Trial or Settlement

• Most cases settle before trial
• Trial preparation if needed
• Trial proceedings
• Verdict
• Possible appeals

Typical Timeline

Stage	Duration
EEOC process	6-12 months
Pre-litigation negotiation	3-6 months
Discovery	6-12 months
Trial	If needed, add 6-12 months
Total	1-3 years typical

During the Process

Stay Employed if Possible

• Continue your job duties
• Don't give them reason to fire you
• Document everything
• Request accommodations if needed
• Use FMLA if appropriate

After Termination

• File for unemployment immediately
• Look for new work (mitigates damages)
• Document job search
• Save all communications
• Don't discuss the case publicly

Communication

• Communicate through your attorney
• Don't talk to HR without your lawyer
• Be careful with co-workers
• Stay off social media
• Keep records of everything

What You Can Recover

Monetary Damages

• Back pay (lost wages from termination)
• Front pay (future lost wages)
• Lost benefits (health, retirement)
• Emotional distress damages
• Punitive damages (egregious cases)
• Attorney's fees

Non-Monetary Remedies

• Reinstatement to your job
• Promotion if denied
• Removal of discipline from file
• Reference changes
• Policy changes at the company

Tips for Success

1. Document everything
2. Act quickly
3. Don't sign anything without legal review
4. Stay professional
5. Look for new work
6. Trust your attorney
7. Be patient
8. Stay off social media
9. Be honest with your attorney
10. Don't discuss case publicly