If you believe you have been illegally fired by your employer, then you may have the right to pursue a claim for wrongful termination in violation of public policy. If you are wondering how long the process takes, the following information may help.
Finding a Wrongful Termination Attorney
The first step in identifying and pursuing the proper course of action is to determine if there are any viable claims. Most wrongful termination attorneys including the Akopyan Law Firm, A.P.C., provide complimentary case valuations. The process of identifying, meeting with, and consulting wrongful termination attorneys should, in most cases, take no more than a couple of weeks.
Pursuing Amicable Resolution If Possible
Experienced wrongful termination attorneys will probably tell you it is always preferable to avoid litigation if there is the possibility of recovering fair compensation without the need to sue. It is helpful to provide the employer with an opportunity to settle the lawsuit before it is filed. There are many reasons an employer may explore early resolution. In some cases, the employer might recognize his or her error, and want to correct the situation. In some cases, the employer may want to avoid the substantial fees and expenses associated with the defense of a wrongful termination case. Wrongful termination attorneys are not cheap. In other cases, the employer may simply want to avoid the inconvenience associated with a lawsuit and choose to focus on their business instead of a lawsuit. Regardless of what that reason may be, it often helps both sides to explore early resolution. If both sides engage in the process of direct negotiations, then this process could take a month or longer. More time will be needed if a private mediator is engaged.
Commencing the Lawsuit
If the employer is not interested in pursuing early resolution, then the next step is to file a lawsuit. Your wrongful termination attorneys should draft and file all the necessary forms needed to commence the wrongful termination lawsuit. The filing of a lawsuit does not take very much time at all.
After a lawsuit is filed the parties go through the process of discovery, which is the process of learning information from each other and third parties in preparation for trial. Discovery can include written discovery, like request to produce documents, as well as the positions which are examinations under oath. This is typically the longest part of the process. Normally, this can take a year or more to complete. Good wrongful termination attorneys typically devise a discovery plan and execute it in anticipation of trial in a manner which is designed to not only secure the necessary information but also maximize the chance of success.
Most employment cases take anywhere from one to three weeks to try.
Potential for Settlement
Don’t let these time estimates deter you from pursuing your wrongful termination case. As most wrongful termination attorneys will tell you from experience the vast and overwhelming majority of cases resolve at some point before trial.
If you have been terminated from your job and wish to find out if you have a case, you are invited to call the Akopyan Law Firm A.P.C. today for a complimentary case evaluation.