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This Guide is meant to give you a general framework on how to think about your employment experience. It deals primarily with federal law and you should make sure that you seek legal counsel within your state to ensure that you are in the best possible position as you proceed. This Guide intends to give you enough information to determine whether you have the facts and circumstances necessary to make an appointment with an attorney. It will also prompt you ask yourself some difficult questions so that you can make an informed decision about how to proceed. Suing your employer is a very personal and difficult process and you must be fully prepared for what lies ahead. While there are some areas of the law where you can “DIY”, this is not one of them. The information contained in this Guide is designed to give you an understanding of the legal process so that you are in a better position to intelligently discuss the issue with your attorney and make informed decisions about your case.

Common Employment Scenarios

Most employment situations you will encounter generally fall into three general categories:

  1. Discrimination Cases/Disparate treatment cases.
  2. Wrongful termination cases.
  3. Retaliation cases.

Disparate Treatment/Discrimination Cases

Generally, discrimination cases arise from facts where the employee feels that he or she is being treated differently (worse) than other employees in the same department. Usually, the employee has a sense of why they are being treated differently and are able to clearly articulate how they are being treated differently. For instance, you may have worked at the company longer and have more educational and on-the-job experience and be qualified for a promotion but another employee is promoted instead of you. That other employee, your “comparator”, may have fewer years at the company, be of a different race, gender, age or ability, have less impressive education or job experience and may be otherwise less qualified for the job.

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