Starting Your Employment Discrimination Case
The next step is to file suit in federal court. In disability benefit cases, this means a filing an administrative appeal with the plan administrator/insurance company. Once a final decision is rendered by the plan administrator/insurer, the client will then file a lawsuit in federal court. In Wage and Hour cases, the client will be required to file a notice of violation to the Department of Labor, in order to perfect a retaliation claim. If a termination has already occurred, the client will file a lawsuit in federal court, because no administrative filing is required.
The entire process is designed to exchange documents and testimony between the parties, and then present such evidence to the court for review. At the conclusion of the discovery phase, the court will be presented with legal arguments from both parties as to whether the case should/should not go before a jury. (Note: there is no right a jury trial in disability benefit cases.) The court will render a decision whether a trial will occur in the case.
If the case moves to a jury trial, the court will force the parties to discuss settlement. This occurs for two very important reasons.
First, the court wants to avoid the time and expense of trial.
Second, the court believes one side has weak or less persuasive legal arguments.
If the parties do not settle, the case is decided by the jury. Upon conclusion of trial, each party can file an appeal to the Court of Appeals. When a decision is rendered by the Court of Appeals, the case is either concluded or remanded to the District Court for a rehearing or retrial. In the rarest of cases, a client has a right to file a petition for review with the United States Supreme Court. However, such petitions are almost always denied. If denied, the case is concluded. If the petition is granted, the client has the chance to influence an issue of national importance.
Contact an Employment Lawyer Today
If you are ready to speak our labor attorneys regarding your current employment situation, wrongful termination case, sexual harassment or hostile work environment, contact us today at (203) 255-4150 for a complimentary consultation with an employment lawyer located in Connecticut.