Settlement Funding and Your Options in Employment Discrimination Cases (Part II)

In order to obtain settlement funding for an employment discrimination case, one must first be an employee. What constitutes an employee under the law?

To be an employee, one must under the direction and control of an employer. It is immaterial whether the contractual agreement is either oral or written - an employment relationship may accrue in either instance. You must first satisfy this criterion if you intend to pursue a claim for which settlement funding is obtained.

Although the company for which services are performed may identify you as an independent contractor, if that company exerts sufficient control over the work performed, you may in fact be an employee. Company's are not permitted to engage in discriminatory practices, irrespective of whether you are either an employee or independent contractor. Pre-settlement loans are often awarded to claimant aggrieved in this manner in both classifications.

Certain states require an employee to work for an employer who regularly employs 5 or more people prior to that employee being protected by Discrimination Law. The minimum number of employees-requirement is customarily not applicable in harassment claims.

The vast majority of jurisdictions permit a claim against an employer for harassment even though the plaintiff is the only employee. Lawsuit loans are often provided to individuals filing claims for harassment although the employer has no other employees. It is also significant to note that, if the employer retaliates against the employee for filing a harassment cause of action, the employee may then sue the employer for this retaliation and obtain settlement funding for this separate complaint.

Many aggrieved employees want to know whether mediation works? The simple answer is, "Yes." Key to a successful resolution, however, is selecting the right 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.