Reasons Why an Employment Lawyer Would Decline Your Discrimination Case
Before hiring an employment lawyer to help with a discrimination case, you need to schedule a consultation with the lawyer to determine if they are the right fit for you. Also, during a consultation meeting, an employment lawyer decides if they will take a case. Yes, employment lawyers do not take on all discrimination cases. Employment lawyers are selective about the cases they take. Some factors make cases too risky, and others make cases too weak. The following are some main reasons why an employment lawyer would decline to take on your discrimination case in New Jersey.
Lack of Documentation
The importance of documentation in a discrimination case cannot be overemphasized. Therefore, if you are being discriminated against in your workplace, you must document the discrimination. Before an employment lawyer decides whether to take on a discrimination case, they consider how they will corroborate the potential client’s word and prove discrimination. One way of doing this is through the use of the documentation gathered. For example, this can include emails sent to management detailing the discriminatory act(s) and showing that the potential client believes such conduct constitutes unlawful discrimination.
Indeed, it is possible to corroborate your word and prove discrimination using other pieces of evidence such as witness statements. However, some employment lawyers are hesitant to take on discrimination cases that lack documentation because depending solely on witness testimony carries huge risks. For example, what if the witness refuses to cooperate? With enough documentation, you can get around such a risk and ensure you can prove your case.
You’re Not a Good Fit for the Firm
The same way potential clients are looking for employment lawyers who are the right fit for them is the same way employment lawyers are looking for clients who are the right fit for them. When an employment law suit is filed, the matter can take years to resolve. Therefore, the relationship between attorney and client will also need to withstand years of litigation and the demands thereof. So, if a potential client comes across as being difficult or unreasonable, a law firm may not want to represent that person, regardless of how “great” their case is.
It is Difficult to Show You Were Treated Differently Than Other People in Your Protected Class
In New Jersey, under the Law Against Discrimination, to have a valid discrimination claim, you need to be able to show that you were treated differently because you belong to a “protected class.” The NJLAD prohibits discriminatory conduct based on, among others, the following;
- Religion
- National origin
- Pregnancy
- Sex
- Relationship status
- Gender identity or expression
In the following circumstances, it can be challenging to prove that you were treated differently from those employees outside your protected class;
- You were fired, and an employee in the same protected class replaced you
- You were fired together with a diverse mix of colleagues. For example, if you claim you were fired because you are above the age of 60, yet people of all ages were laid off, it can be challenging to prove age discrimination.
All that said, it is crucial to note that just because one employment lawyer refuses to take on your discrimination case does not mean no lawyer will be willing to take on your case. If a lawyer refuses to take your case, keep looking.
Contact Trabosh Law Firm
If you are looking for an employment lawyer to help with a discrimination case, contact our experienced New Jersey employment lawyer at the Trabosh Law Firm to schedule a consultation.