How long do employment lawsuits take to settle?
Asked by: Raheem Willms II | Last update: October 28, 2025Score: 4.5/5 (72 votes)
The short answer is employment lawsuits can take several years to complete, whether by way of judicial determination or settlement and in others instances it is over within a matter of months if it can be resolved through a settlement. The vast percentage of employment lawsuits never get to trial.
How long does the average employment lawsuit take?
Some cases settle within weeks or even days of you hiring a lawyer. Others are fiercely litigated for multiple years before trial. The average employment case in California is pending in the courts for between 1 and 2 years. However, this depends on the size of your case and the strength of liability.
How long does a lawsuit against an employer take?
Potential clients usually ask our lawyers, “How long will it take to settle my case?” The best answer is that “it depends.” Typically, the average employment lawsuit in a California court takes one year or longer to litigate.
Is it hard to win an employment lawsuit?
The biggest problem with suing your employer is that it can be quite difficult to prove they did anything wrong. The good news is that most debates like this can be settled before it goes as far as going to court. If it doesn't though, here are the steps you'll need to take.
How often do companies settle out of court?
Some researchers claim that the 90% figure is a gross exaggeration. Research does indicate that settlement rates vary between different court jurisdictions and even different types of lawsuits. Still, a significant percentage of business-related lawsuits do eventually settle outside of court.
How Long Do Employment Lawsuits Take?
Is $50,000 a good settlement?
Car Accidents: Car accident settlements typically range between $15,000 and $50,000, depending on factors like the severity of the injuries, the extent of property damage, and the insurance coverage available. Car accident victims with severe injuries often receive higher settlements.
At what point do most cases settle?
Roy Comer: Statistically we know that 98 per cent of civil cases settle before trial. There are multiple reasons why this happens. In my opinion, the primary reason for pre-trial settlement is the plaintiff does not want to go through the gantlet of having a judge and jury scrutinize them. There is some wisdom in this.
Will I lose my job if I sue my employer?
California law, however, prohibits employers from retaliating against employees who engage in protected activities, including filing a lawsuit related to workplace issues.
Is it hard to find a job after suing a company?
Most people in this position often ask, “Can I be denied a job because I sued my last employer?” The answer is no. They might be less inclined to hire you because of your current legal circumstances, but they cannot base their decision on a lawsuit.
How many employment lawsuits settle?
Over 95% of employment cases settle before or at trial.
Can you get fired after suing your employer?
While employers usually have the right to fire at-will employees for any reason, they cannot fire them in retaliation after filing many types of lawsuits. As a result, the decision to stay or not rests in your hands.
How long does an HR investigation take?
There is no set HR investigation timeline, and it can take anywhere from a few days to months. However, the investigation should start immediately after HR has become aware of the concern to ensure relevant evidence and facts will not be lost.
Is an employment lawsuit worth it?
It will not only benefit you, but your co-workers as well because it will likely make your workplace safer by creating a better environment for all. When you sue, you can also obtain a legal remedy for the discrimination you have faced. Employers often offer a significant sum in these cases.
Does suing affect my future employment?
In California, certain laws provide some degree of protection against employment discrimination based on one's involvement in litigation. Consulting with a legal team can help you to fully understand your rights and how best to protect future job prospects given your unique circumstances.
How much does it cost to sue an employer?
Hourly rates vary based on the lawyer's experience but rates are typically between $200 to $600 per hour. Hourly fees can be advantageous if the client wants to settle the employment case quickly and avoid litigation. A contingency fee arrangement is best if you want to sue but cannot afford to pay a lawyer.
Why do employers settle out of court?
Fewer Legal Fees
Since settlements happen faster and are less complex than litigation, they usually require fewer legal fees for both parties. Many employers will offer more money than originally proposed in a settlement offer to avoid the expensive costs of going to trial.
Should I quit my job if I'm suing them?
Important Things to Note
First, it is essential to note that you can continue working for your employer after filing a claim against them. Whether your case against your employer alleges unpaid wages, any form of discrimination, or harassment, you still have the option to continue working.
How do you win an employment lawsuit?
- Emails Showing Labor Law Violations. ...
- Calls and Texts from Your Employer. ...
- Witness Statements from Other Employees. ...
- A Record of Formal Complaints. ...
- Photo & Video Evidence of Labor Law Violations.
Can a lawsuit prevent you from getting a job?
Even if your lawsuit does go to court and become public, potential employers probably won't find out about it; and even if a potential employer does find out about your lawsuit, it is illegal for them to not hire you because you were previously involved in an employment lawsuit.
What to expect when you sue your employer?
You will likely be deposed (a deposition is a formal process where lawyers from both sides ask questions under oath; it's a chance for the employer's lawyer to understand your side of the story and gather information). The discovery process can last several months, especially in complex employment law cases.
Do lawyers drag out cases to make more money?
Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
Can you sue your employer for emotional distress?
Yes, you can sue your employer for emotional distress if you can prove that their actions or negligence caused severe emotional harm.
Is it better to settle or go to trial?
Quicker resolution: Settling a case allows for a faster resolution compared to going through the trial process, which can take months or even years. Emotional closure: Settling a case can provide emotional closure for the injured party, as they can move on from the incident and focus on their recovery.
What is the longest a settlement can take?
What is the longest a settlement can take? The duration of a personal injury settlement can vary dramatically, with complex cases potentially taking several years to resolve, though there's technically no absolute maximum time limit beyond the statute of limitations.
Why do lawyers want you to settle?
The main reason that most cases settle out of court is because the outcome is either guaranteed or predictable. However, unlike a trial, settling out of court means that the settlement is not up to a jury or judge to decide. Both parties can come to a mutual agreement without other parties being involved.