When employers and employees experience a dispute, legal recourse may become necessary. If the parties are unable to agree on a solution, they may decide to take the issue to court. The following blog post will discuss the process of an employment law dispute and provide guidance for those involved.
Steps in the Legal Process
The first step in an employment law dispute is filing a claim with the appropriate agency or court system. Depending on the jurisdiction, employers may be able to initiate either civil or administrative proceedings. Civil proceedings involve claims of wrongful termination, discrimination, harassment, or contract violations while administrative proceedings involve claims of wage and hour violations or workplace safety issues. After the claim has been filed, both sides will begin gathering evidence and preparing their respective cases.
Once all evidence has been gathered, both sides will have an opportunity to present their arguments before a judge or jury. During this stage of the proceedings, each side can call witnesses and/or submit additional evidence for consideration. At this time, either party can also choose to request mediation if they wish to avoid going through with traditional litigation proceedings. In mediation, both parties attempt to reach an agreement with the assistance of a neutral third-party mediator who facilitates communication between them and helps them come up with mutually beneficial solutions outside of court.
Finally, if all attempts at settlement fail then the case will move forward with litigation and eventually conclude with a verdict from either a judge or jury depending on which type of proceeding was initiated at the beginning of the process. Following this decision, either party can file an appeal within 30 days if they feel that justice was not served by appealing it to higher courts as needed until there is a final resolution of the case.
Navigating an employment law dispute requires understanding each step in the process from filing a claim through appeals if necessary. Attorneys specializing in employment law understand how best to represent their clients’ interests throughout each stage of litigation so that they can achieve favorable outcomes in their cases as quickly as possible. Knowing what your rights are as an employer or employee when it comes to these disputes is essential for getting successful results from any legal action you take against another party involved in such matters. By working alongside experienced attorneys you can ensure that you receive fair treatment throughout your entire legal process regardless of what side you find yourself on during these disputes.
For more information and assistance with employment and labor law matters, contact Curington Law, LLC at 312 803-1755 or online.