3 Critical Mistakes Employees Make When Filing Cases Against Their Employer

There are many procedures to follow when filing and winning a case against an employer. Some actions could affect the result you expect. Avoid these mistakes when filing a lawsuit against your current or former employer:

# 1 Wait to apply

Filing a case can be a long and stressful process. Take action as quickly as possible, as there are statutes of limitations. The statutes of limitations establish a specific time frame within which you can present your case. Once that period expires, you cannot file a claim, no matter how strong your case is.

There are several time frames depending on the type of case you have. For example, in cases of discrimination, it is key to file your claim with the Equal Employment Opportunity Commission. The statute of limitations is 180 days or 300 days from the incident.

• 180 days if your state does not have an agency with a work-sharing agreement with the EEOC
• 300 days if your state has a work-sharing agreement with the EEOC

If you wait until a day after the applicable deadline mentioned above, you lose your case forever. Find out immediately what your statute of limitations is.

# 2 Not knowing precisely what to ask for

Labor and employment cases can be emotional for the employee. However, you need to look ahead and focus on the result you want. In most cases, it will be financial compensation. 

Regardless of the demands you have on your employer, be realistic. Keep in mind that your employer may be willing to give you your request or something similar if the demands are reasonable. Making unreasonable demands on your employer can make your case difficult.

# 3 Not understanding the process

It is not necessary to have an attorney’s knowledge of an employment case’s procedures, but having a basic understanding of the process is helpful. So you can decide how far you are willing to go with your case and look for opportunities to resolve it.

Labor law is complicated. Often, people who try to go through the process alone make one of these critical mistakes and don’t get the results they want, or they miss out on the opportunity to present their case altogether. Your best option to avoid making mistakes along the way is to work with an experienced employment attorney.