Stage: Investigation and Case Building

You may feel eager to see action right away. That is completely understandable. This first stage can look quiet from the outside, but it is where cases are won or lost. Everything we do later, from a demand letter to a courtroom argument, rests on the work we do now.

What this stage is

Investigation and case building is the stage where we gather the facts, review the evidence, and shape your story into legal claims. Our goal is to build a case so well supported that your employer takes it seriously from the first contact.

We look at two big questions. First, liability: what did the employer do, and which laws does that conduct violate? Second, damages: how has this harmed you financially and personally? "Damages" is the legal word for the losses you can be compensated for, such as lost pay and emotional harm.

If your claims require it, this is also the stage where we prepare filings with a government agency, such as a Charge of Discrimination with the EEOC or a state agency. You can read more on our page about the administrative agency process.

Not every case fits this pace. If a filing deadline is close, we may need to move to court quickly. Every case is different.

How long it typically takes

This stage commonly takes a few weeks, depending on how complex your case is and how quickly we can gather what we need. If an agency filing is required, that process adds its own timeline.

What we do

We review every document you give us and analyze the facts against the law. We research your employer, your industry, and how courts have handled similar claims. We calculate your damages, including lost wages, lost benefits, and other harm.

We may also ask you detailed follow-up questions, sometimes about events you would rather not revisit. We ask because the details matter, not because we doubt you.

By the end of this stage, we have a clear picture of your strongest claims and a strategy for what to do next.

What you do

Your main job right now is documents. We may ask for pay stubs, offer letters, performance reviews, handbooks, medical bills, text messages, and emails. The list can feel long. Here is why: every claim we make must be backed by evidence, and the other side will challenge anything we cannot support. A document you think is minor may be the piece that proves your case.

A few simple rules for gathering documents:

Only collect documents you already have, or that you can reach through your own personal accounts and devices.
Do not log into work systems, download employer files, or ask coworkers to pull records for you. Doing that can seriously hurt your case.
Do not delete anything, even texts or emails that feel embarrassing or unhelpful. Keep everything.
If you are unsure whether you can or should collect something, ask us first.

Beyond documents, respond to our requests promptly and tell us about anything new, like a call from your former employer or a new job offer.

What happens next

Once your case is built, we choose the path that fits your situation. For many clients, the next step is a formal demand letter and pre-suit negotiation. For claims that require it, we file with an administrative agency first. And in some cases, the right move is to go straight to filing a lawsuit. We will discuss the recommended path with you before we take it.

Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.