The Age Discrimination in Employment Act of 1967 makes it illegal for employers to discriminate against employees 40 or older based on age. However, the Equal Employment Opportunity Commission (EEOC) claims age discrimination remains a prevalent form of workplace bias.
Do you believe an employer discriminated against you because of your age? An age discrimination lawyer can help you take legal action.
Find out whether settling or litigating your age discrimination case is a better option below.
Settling an Age Discrimination Case
When you file a lawsuit, your age discrimination lawyer will begin by notifying the defendant in your case. They’ll also send them a demand letter listing the compensation you’re looking for.
This will lead to your age discrimination attorney and legal representation for the defendant engaging in settlement negotiations. They’ll try to work out a settlement both sides consider fair.
In some cases, age discrimination lawyers successfully negotiate generous settlements for clients. In others, they don’t land on the same page as defendants during settlement negotiations.
Either way, settling an age discrimination case will come with pros and cons you should be aware of before the negotiation process starts.
The Pros of Settling an Age Discrimination Case
Settling an age discrimination lawsuit is the quickest way to close a case. If you don’t feel like spending months attending court hearings, settling a case will likely be your preferred option.
Other benefits of settling an age discrimination case include:
- Ensures you collect compensation
- Helps you avoid legal and court fees
- Eliminates stress associated with legal proceedings
The Cons of Settling an Age Discrimination Case
While settling an age discrimination case with help from an age discrimination lawyer has its perks, there are also potential downsides. Here are several cons of settling a lawsuit:
- May limit the compensation you can collect
- May protect an employer from negative publicity
- May enable an employer to continue discriminating against employees
Litigating an Age Discrimination Case
If the settlement negotiations during an age discrimination lawsuit aren’t successful, you and your discrimination lawyer can proceed with employment litigation. This will allow you to argue your employment discrimination case in court.
A judge or jury will then decide whether or not to award you a judgment. Taking this approach to an age discrimination lawsuit also has pros and cons.
The Pros of Litigating an Age Discrimination Case
If you’re unhappy with the lowball offers you field during settlement negotiations, employment litigation will allow you to fight for the compensation you feel you’re entitled to in court. This could lead to you collecting more of it when your case concludes.
Litigating an age discrimination case can also push your lawsuit into the public light. This could force an employer to change their ways and even set a new precedent for how employers, in general, should treat employees.
The Cons of Litigating an Age Discrimination Case
While settling an age discrimination case will ensure you collect at least some compensation, you risk walking away empty-handed if employment litigation doesn’t go your way. A judge or jury might not award you anything if your age discrimination lawyer doesn’t create a compelling enough case.
Litigating an age discrimination lawsuit can also cause increased stress by taking up time and forcing you to spend extra money on legal and court fees.
Contact Us To Discuss Your Case With an Age Discrimination Lawyer
Filing a lawsuit against an employer through an age discrimination lawyer can help you seek justice. But before starting the legal process, speak with an attorney about whether you should aim to settle or litigate your case. Call Mark J. Berkowitz, P.A., at (954) 527-0570 to schedule a consultation.