EMPLOYMENT LAW_Should you take the case?


More trial lawyers are receiving inquiries concerning possible employment discrimination.

Many trial lawyers who have focused their practice on more traditional personal injury cases in the past are finding satisfaction in trying employment cases. The trial of a discrimination case and a personal injury case is strikingly similar. One key difference, however, is the presence of a villain. In the typical personal injury case, an individual made a mistake. The defendant was negligent. A duty was breached.In a discrimination case, on the other hand, you will often have an abuser of power, a sexual predator, or a bigot. These villains provide jury appeal; a call to the jury to do the right thing. Jurors rarely identify with villains. They do not invoke notions of fair play. As a result, a great theme develops and a good story about injustice waits to unfold.

Otherwise, the roadmap to the jury is no different than that for any tort case. The case, of course, should support the cost of litigation and a reasonable recovery for the client. It should also be analyzed to determine if it is legally tenable.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michelle J. Douglass, My Rights Lawyers | Attorney Advertising

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