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Understanding Litigation

Now we play by the court’s rules.

Your case has now entered the Litigation stage. This means we have filed your case in a formal court or government agency, and we are now navigating a structured legal process.

We understand that this phase can be the most challenging. You may feel a mix of determination, frustration with the pace, stress from the conflict, and uncertainty about the outcome. These feelings are normal, and our goal is to provide you with a clear roadmap of the process so you know what to expect.

The Litigation Overview

While every case is unique, the litigation process generally follows these key steps:

  1. Court Filing: We begin by formally serving or filing your case with the appropriate court. This step officially starts the clock on all legal timelines. In some cases, an employment agreement may require us to resolve your case through Arbitration, which is a separate process we explain in its own guide.
     
  2. Written Discovery: Both sides will exchange formal written questions and requests for documents. You will need to provide answers with our guidance. We are here to help you with every question.
     
  3. Your Deposition: You will be questioned under oath by the employer’s attorney in a formal interview called a deposition. This is a critical step, and we will conduct thorough preparation sessions with you to ensure you are confident and ready.
     
  4. Discovery into the Employer: This is our turn to question the other side. We will request documents like emails and HR records, and we will take depositions of key managers and decision-makers involved in your case.
     
  5. Mediation: Courts usually require the parties to attend mediation, which is a formal settlement conference led by a neutral third party (or sometimes a magistrate judge). We will be by your side, guiding you through the entire day.
     
  6. Summary Judgment: It is common for the employer to ask the court to dismiss your case by filing a "summary judgment" motion. We will file a detailed response, and then we must wait for the judge's ruling, which can often take 90 days or more.

Your Role in This Stage

Your partnership is crucial during litigation. Your primary responsibilities are to complete all documents carefully and on time, show up for your deposition prepared and with confidence, and communicate openly with our team. Please do not hesitate to ask us anything that is unclear.