How Long Does A Wrongful Termination Case Take

Some of the most common reasons for wrongful termination are discrimination, harassment, retaliation and whistleblowing. Over 30 million employees are protected from wrongful termination under federal law. The average time it takes to litigate a wrongful termination suit varies by case depending on many factors including jurisdiction, who is being sued, whether or not the case has gone to trial before, etc. However, there are some general guidelines that can be followed when estimating how long a typical wrongful termination suit takes.

                A typical wrongful termination suit will take 2-4 years before any significant decision is made by the court. This includes initial pleadings by both sides, the discovery of evidence along with motions for summary judgment and more hearings on motions in limine. Motions in limine are motions filed by one party seeking to preclude or restrict certain evidence from being introduced. Motions in limine are particularly common in wrongful termination cases because the plaintiff is trying to prove a case for discrimination, harassment, retaliation and/or whistleblowing. The defendant will always seek to exclude any evidence that they feel may confuse a jury or invade their privacy without serving some purpose that would benefit them.

                Next comes the trial if it has not already occurred due to settlement negotiations before then. During this phase of proceedings, there will be motions for a directed verdict which means both sides are trying to get the judge on their side so that they can have all or at least most of the claims dismissed prior to going to trial. There will also be motions in limine at this time. This is the phase of proceedings where actual witnesses will be called to testify and present evidence before a jury. The length of this phase depends on many factors including how many parties are being sued, how many cases have been consolidated into one trial, whether or not any appeals have been filed, etc. In general, though the average wrongful termination suit goes to trial within 2-3 years from when it was initially filed.

                If there is no settlement then a verdict will need to be reached by a jury and a judgment entered by a judge if damages were awarded against any parties involved in the suit. Appeals can further extend this timeline so that 4-5 years is more typical for a wrongful termination case involving discrimination, harassment, retaliation and/or whistleblowing to be resolved.

Firing an employee is not fun. There’s an emotional impact on all sides, and there are legal issues to consider. There’s also the fallout in personnel management, in particular in how the terminated employee handles the situation.

Wrongful termination occurs when an employee who has worked tirelessly for a company for years, feels like he or she was unjustly fired. These cases can be difficult to prove in court because it’s entirely possible that claiming wrongful termination can be part of an employee’s attempt to cover up other mistakes that were made by the employee. The nature of this type of lawsuit makes evidence gathering exceedingly important when preparing to launch your case. Hiring Davtyan Law Firm, Inc. will help you gather this evidence so you can present your case with confidence.

Davtyan Law Firm, Inc.

880 E Broadway, Glendale, CA 91205

(855) 205-3681

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