Is there a statute of limitations for bringing any type of employment law lawsuit?
Yes. Statutes of limitations for employment matters exist. Instead of one general statute, there are multiple statutes, depending on the issue.
For instance, if your matter involves a breach of contract or wage claim, you have six years to file. Claims for whistleblower retaliation under the Whistleblower Act have one year. Cases that involve the New Jersey Civil Rights Act are given two years.
Failing to bring your claim within the allotted time can negatively impact your ability to recover for the wrong you have suffered. While you may have the opportunity to file your claim, it is highly unlikely to be successful, as statutes of limitations are strictly enforced in most cases.
It is also worth noting that, in some cases, you’re not allowed to file a lawsuit without first taking some critical steps. For example, if you’re experiencing discrimination or harassment at work, you’ll first have to file a claim with the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC).
When you file your claim, the agency reviews your complaint and all included documentation and investigates. Depending on your particular situation, the agency itself may help you, or if not, they may provide a Notice of Right to Sue. It is necessary to receive the Notice of Right to Sue before filing a lawsuit against your employer.
Therefore, plan to give yourself the requisite time to do everything you need to do before you’re able to file your claim.
While timelines and statutes of limitations can be confusing, an employment lawyer is best equipped to help you. An employment attorney can ensure your case is handled properly and in a timely manner.
How much is my employment law case worth?
There is no average settlement for employment law cases. The value of your case is dependent on the type of case and the details surrounding your circumstances.
The compensation you may be entitled to receive for your employment law case can cover losses such as:
- Back pay
- Front pay
- Lost wages and benefits
- Emotional distress
Some cases may also qualify for punitive damages. While punitive damages are more challenging to obtain, they’re available for cases where the defendant’s behavior was particularly egregious toward the plaintiff.
Determining how much your employment case is worth can be difficult. You also want to ensure you’re fully aware of the value of your case to reach the best possible outcome. An employment law attorney can calculate your damages and fight aggressively for fair compensation on your behalf.
How can an employment law attorney help me with my case?
Employment lawyers play critical roles in employment cases. They can handle your employment case from start to finish, which typically involves important tasks like:
- Answering your questions and providing legal advice
- Investigating your claim
- Obtaining strong evidence and documentation
- Filing your lawsuit in court
- Determining the value of your case
- Representing your best interests
These lawyers have the right knowledge, experience, and skills to represent you throughout the life of your case and work diligently toward a beneficial outcome.
How long does an employment lawsuit typically take?
Every employment case is different; therefore, there is no set amount of time cases take to resolve in New Jersey. Usually, several factors dictate how long a claim may take, including the type of case and the willingness of others to cooperate and settle.
Some cases take just a few weeks, while others can take several months or even years to resolve. It all depends on your particular situation.
Your employment attorney can give you a better indication of how long your case may take to resolve based on the facts and circumstances.
Do employment cases typically settle?
Yes. A large majority of employment cases settle outside of court. While going to trial is always a possibility, your employment attorney works diligently to help reach a fair settlement without the need for a trial.