Settlement Funding in Cases Involving Employment Discrimination (Part II)
Posted by Dr. Tom Rhudy | Filed under Finance
Prior to obtaining settlement funding for a claim pertaining to employment discrimination, you must first be an employee. How does the Law define an employee?
An employee is essentially an individual under the direction and control of an employer. Whether the contract is oral or written, an employment relationship may accrue. Ensure that you satisfy this criterion prior to pursuing settlement funding to sustain such a cause of action.
It is the amount of control that the company against which a suit may arise exerts over an individual in their work that determines whether one is either an independent contractor or an employee. It is important to realize that even independent contractors may file an action against a company for discriminatory practices. Lawsuit loans are frequently granted under such circumstances.
There are some states in which Employment Discrimination laws are applicable only when an employer employs five or more individuals regularly. Contrariwise, harassment actions, in most jurisdictions, are not limited to those circumstances in which an employer employs five or more individuals regularly.
It is also important to note that a claim for harassment may be brought against an employer, even if the plaintiff is the only employee. Therefore, settlement funding may be obtained in harassment cases, even if the complainant is the only employee. Furthermore, if the employer retaliates against that plaintiff for filing a complaint due to discrimination, that employee may also file a complaint against the employer and obtain a settlement loan if a suit is filed against the employer for that retaliation.
As an aggrieved employee, you may be wondering if mediation is useful. In many instances, it certainly is. The key to a successful outcome in a mediation is the mediator.
The right mediator is often someone who has either been a lawyer or a judge who has handled numerous cases similar to the case under consideration. The mediator should not be an individual who relies principally on a certain industry (e.g., Insurance defense) for most of the cases with which they have experience.
Yes, mediation may prove very useful, assuming both parties are reasonable, willing to proceed with confidence in the proceeding. An unreasonable party, however, whether it’s you or the employer, often mandates a resolution through the courts. Whether you pursue mediation or the courts, settlement funding is often readily available!
Learn more about settlement funding. Stop by our site where you can find out all about lawsuit loans and what they can do for you.
Tags: Finance, lawsuit loan, lawsuit loans, pre-settlement loans, settlement funding
Comments are closed.
