How Expensive Is Employment Law Litigation?

If an individual hires an employment lawyer New York to pursue an employment law claim, they ask the two same things that are “How much will it cost?” and “How long will it take?” The reality is that both of them are linked to each other and are impossible to predict.

It is not satisfying to hear, but your attorney cannot control how long the case will take because it depends on another party. For instance, a case can be resolved quickly at minimal cost, whereas the same case can take weeks, months, or even years to complete.

How expensive is employment law litigation?

Your law firm will always make you aware of keeping additional fees that would be needed for a part of the other party’s legal fees if the claim becomes unsuccessful. The rule is that the losing party should compensate the winning party for their legal costs, which are usually between 50% to 75% of the actual costs. It also means that if you are successful at trial, your law firm will recover some of the legal fees. 

Your case can become stressful if it is cause for dismissal which means it is everything or nothing. There is no middle ground. Either the employer has no just cause by which the employee will be entitled to get their entire severance entitlement. If the employer had just cause, the employee would receive nothing. 

Sometimes, clients can decide to pursue a negotiated settlement and decide that they will not move to litigation. In this way, they can control the costs. 

Flat fee billing

Some law firms provide alternatives to the standard billing method based on time spent and avoid the billable hour when possible. They do this by blocking the fee approach, which involves fees for every matter stage. 

Your attorney will begin with the negotiation of the pre-litigation phase. Instead of billing for minutes spent drafting a demand letter, negotiating with the other side, and getting instructions, they will agree on a set fee. They will negotiate fees for the next phase if the matter does not settle. 

Whether you are an employer or an employee, your lawyer will put the claim forward as strategically and strongly as possible.

If you have done nothing wrong and have evidence of innocence, it is best to settle rather than go after legal fees. If you can settle by paying $15,000, it is much better than paying $1,50,000 if you lose. You have to pay for legal fees, employee legal fees, and settlement. 

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