How your initial interview helps in determining the viability of your case
“Do I have a case?” In our experience as Texas employment law attorneys, that is the one question that just about every client (or prospective client) has wanted answered.
If you would like us to review your case, please use the Free Case Evaluation form.
In most instances, we can make a preliminary determination about whether you have a viable case after our initial interview with you. At that interview, we will discuss the following topics:
- Your background
What is your age, educational background, and employment history? Do you have a criminal record?
- Basic information about your (current or former) employer
What type of business is the employer in? Do you know the number of employees? Has the employer been sued previously?
- The hiring process
When were you hired? For what position were you hired? Who made the hiring decision? Did he or she make any promises or representations? Did you sign anything?
- Your employment history with this employer
What is your employment history with regard to: raises, bonuses, performance evaluations, awards, transfers, promotions, demotions, suspensions, and disciplinary action?
- Events that led you to seek the advice of an attorney
If you were fired (or demoted or suffered some other adverse employment action), we will talk about (1) why you think you were fired and (2) the reason your employer gave or will give for firing you. If your case involves harassment, we will discuss the nature of the harassment (e.g., was it unwelcome; was it severe and pervasive) and your reaction to the harassment (e.g., did you complain to your employer?).
- Corroborating evidence
Do you have any documents to support your claims? Were there any witnesses to the employer’s unlawful conduct?
- Post-termination events
Have you initiated any other claims or proceedings related to your employment (e.g., disability, unemployment, workers’ compensation, or other governmental agency proceedings, or bankruptcy)?
- Potentially negative facts
Are you aware of any facts that might negatively affect litigation against the employer? These may be facts directly related to the workplace incidents or entirely unrelated (e.g., have you ever been arrested or fired from another job? Have you ever been sued or sued someone?). If you have a business and/or personal website; if you write a blog; if you use any form of social media (e.g., MySpace, Facebook), now would be the time to volunteer that information.
- Mitigation of damages
The law requires you to mitigate your damages by diligently seeking substantially similar employment. We will talk about your efforts to find a job.
- Your objectives and the litigation process
What do you hope to gain from pursuing legal action against your (former) employer – a private apology; a public apology; a quick settlement; a jury verdict? What are your concerns? We also will review the settlement and litigation processes, including the time involved, the potential cost (monetary and emotional), and potential negative outcomes.
An experienced Texas employment law attorney can explain your legal options and help you determine the best course of action going forward. If you would like us to review your case, please use the Free Case Evaluation form.