Previous: VI. Why don’t Employment Lawyers Handle Every Case on a Contingency?
What risks do you take in bringing an employment lawsuit? Probably the biggest is the risk that you will spend large amounts of money on legal fees and expenses, only to have the case dismissed on summary judgment, or lose at trial. In that case, you have spent a tremendous amount of money and gain no recovery.
In addition, you run the risk that – if you lose your case on summary judgment or a trial – the employer may demand that you pay its expenses of the suit – the amounts it has spent on court reporters, subpoenas, travel, expert witnesses, etc. And, if the Judge determines that your case was “frivolous” – i.e. had no reasonable chances of success – you may be required to reimburse the employer for its legal expenses, which can be enormous. Reimbursement of legal fees is, however, extremely rare in employment cases. Your biggest risk is that you will be forced to pay the expenses of the employer.
Next: VIII. Conclusion
