Will I Win My Wrongful Termination Case?
One of the more common questions our potential and existing clients ask is whether they will win their case and if so, what they can expect in terms of compensation. Even though we try to only accept the cases that we believe we are able to win in court / arbitration or bring to a successful settlement, this is always a challenging question for several reasons.
First, there are just too many factors that come into play that make predicting an outcome of an employment/wrongful termination case inherently unpredictable to some degree. No employment case is perfect. There are always "good" facts and "bad" facts. You have your own side of the story, but the employer and their lawyers will have their own side. You will argue discrimination, retaliation and harassment, while the employer will argue bad performance, insubordination and other common issues. Who will be better able to prove their side of the story - you or the management? As confident as you are in your case, you can be sure that in most case the employer is just as confident.
The outcome of your case also depends on your approach and the employer's approach to litigation. Are your expectations reasonable and in line with the realities of litigation, or are you driven by anger and desire for revenge. How about your employer - is it the kind of company that tries to settle cases sooner than later, or is it an organization that likes to make the point that they will fight till the very end, so that their other employees know that they don't just fold and pay out settlements easily?
There are many other factors that will determine the outcome of your case, including how productive the settlement negotiations will be between you and the employer, how willing both parties will be to compromise their position in order to reach a settlement, potential bankruptcy issues, witness availability issues, etc...
It's also important to note that like doctors, attorneys are not allowed to guarantee any results. An attorney's statements about your case are expressions of his legal opinion only and do not constitute determination of your rights under the law. This very language will actually be included in your attorney-client representation agreement if you proceed forward with your employment/wrongful termination case.
First, there are just too many factors that come into play that make predicting an outcome of an employment/wrongful termination case inherently unpredictable to some degree. No employment case is perfect. There are always "good" facts and "bad" facts. You have your own side of the story, but the employer and their lawyers will have their own side. You will argue discrimination, retaliation and harassment, while the employer will argue bad performance, insubordination and other common issues. Who will be better able to prove their side of the story - you or the management? As confident as you are in your case, you can be sure that in most case the employer is just as confident.
The outcome of your case also depends on your approach and the employer's approach to litigation. Are your expectations reasonable and in line with the realities of litigation, or are you driven by anger and desire for revenge. How about your employer - is it the kind of company that tries to settle cases sooner than later, or is it an organization that likes to make the point that they will fight till the very end, so that their other employees know that they don't just fold and pay out settlements easily?
There are many other factors that will determine the outcome of your case, including how productive the settlement negotiations will be between you and the employer, how willing both parties will be to compromise their position in order to reach a settlement, potential bankruptcy issues, witness availability issues, etc...
It's also important to note that like doctors, attorneys are not allowed to guarantee any results. An attorney's statements about your case are expressions of his legal opinion only and do not constitute determination of your rights under the law. This very language will actually be included in your attorney-client representation agreement if you proceed forward with your employment/wrongful termination case.