Settlement Funding in Cases Involving Employment Discrimination (Part II)
Before you plunge headlong into pursuing settlement funding for an employment discrimination case, are you truly an employee? Let’s look at how the Law defines an employee.
An employee is considered anyone under the direction and control of an employer. This relationship ensues regardless of whether the contractual relationship was either oral or written. Prior to obtaining a lawsuit loan for a cause of action in this classification, one must satisfy this criterion.
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.
It is also important to note that a claim for harassment may be brought against an employer, even if the plaintiff is the only employee. Therefore, settlement funding may be obtained in harassment cases, even if the complainant is the only employee. Furthermore, if the employer retaliates against that plaintiff for filing a complaint due to discrimination, that employee may also file a complaint against the employer and obtain a settlement loan if a suit is filed against the employer for that retaliation.
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.
If both parties are willing to proceed in a reasonable manner, mediation can often prove very useful. If the parties are unreasonable, the courts are likely to be the only option! Irrespective of the route taken, if you require settlement funding pending resolution of the matter, you will often be able to obtain that much-needed lawsuit loanl
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Tags: lawsuit loan, lawsuit loans, loans, pre-settlement loans, settlement funding
Article Link: http://bloggingposts.com/finance/loans-finance/settlement-funding-in-cases-involving-employment-discrimination-part-ii.html
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