In 2009, the Harvard Law and Policy Review published an article about those odds, “Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?” The authors found that employees won their lawsuits against their employers only 15% of the time, whereas in non-employment law cases… The EEOC can investigate the case and could file a lawsuit on behalf of the victim. Before rushing off to file a discrimination charge against your employer, it's not a bad idea to take an unsentimental, high-definition, fluorescent-light look at yourself. In some cases, states and municipalities offer greater protection to workers than federal courts do. Opinions expressed by Forbes Contributors are their own. The law doesn’t allow for you to go straight to the Court system and file a case against your employer. 2. The success rate for cases of discrimination filed is dismal; only two percent of plaintiffs win at trial. Every case is different and each case is dependent upon medical conditions and their severity. For employers, the importance of responding strategically to such charges cannot be understated. At the court's invitation, EEOC filed a summary judgment motion on Jan. 6, 2012, asking the court to resolve all issues in the case in EEOC's favor, leaving the only issue for trial being the question of what damages are due to Whitlow and the class. There are two types of damages in a personal injury case: Each state has a different in depth policy when filing a wrongful termination claim, but the general process for filing a claim is to go through the Equal Employment Opportunity Commission (EEOC). Under the ADEA and some states’ laws, you may also be awarded attorneys’ fees if you win your case. Some state age discrimination laws apply to firms with fewer than 20 employees as opposed to the federal rules that apply only to companies with 20 or more staffers. Court schedules being as they are, no court date will be set for quite some time. But you have a more than 50% chance of winning. Everybody knows that an employee cannot be fired for reporting the employer to the government. The EEOC secures about $404 million dollars from employers each year. Yes, I know that the EEOC is slow, too, but I’m talking about delay as … Second Issue: What a Jury Might Award as Damages. What are my chances of winning my discrimination or retaliation case that's been filed with EEO? In 2009 EEOC found discrimination on less than 3% of cases. And, like emotional distress damages, the amount of punitive damages is entirely up to the jury. You can call 1-800-669-4000 if you have additional questions or need more information, but understand that the EEOC doesn't take charges over the phone. Several court decisions have made the road to winning even harder. What are my chances of winning a discriminatory lawsuit? You will ask your lawyer to file a suit for wrongful termination, and he will do so if he thinks you have a reasonable case. Currently, the Trump administration is at odds over LGBT discrimination. Last July, Debra Moreno of Maui, a 54-year-old office coordinator of a Honolulu-based health care company,won a $193,236 judgment in U.S. District Court. Don’t give an Oral Reply at all. You may opt-out by. What’s more, you could wind up paying a high price — not just monetarily — by going to court. An … the case is now going before admin judge w/ state dept workforce. … Here are the legal steps to take if you’re considering suing your employer for age discrimination soon after being fired: Meet with a lawyer who specializes in employee discharge suits. Thus, employment discrimination, retaliation and wrongful termination cases often turn on circumstantial evidence. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit…that Eclipse Advantage, Inc., violated federal law by subjecting an African-American … In short, punitive damages are difficult to win. Ask your attorney about anti-discrimination laws and rules where you live. “There are always extreme cases where the employer behaves in a gross or offensive fashion,” says Pearl Zuchlewski, a New York-based employment lawyer. Ask your lawyer about the prospect of winning punitive damages in your case. ... up a growing number of complaints filed at the Equal Employment Opportunity Commission, the … Therefore, most good employment lawyers will take a case on contingency only if they think that that risk is worth it to them. Want to err on the factors of the blog Parenting Grown Children on contingency only if they that! Evidence of discrimination filed is dismal ; only two percent of wrongful termination cases often turn on circumstantial of... 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