Settlement Funding and Your Options in Employment Discrimination Cases (Part II)

By Dr. Tom Rhudy

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.

An individual is not truly an independent contractor if the company for which services are performed exerts sufficient control over the work to be performed. However, discriminatory-practices in which a company may engage may result in a claim against the company for which those services were performed. Many claimants filing such actions are able to obtain necessary pre-settlement loans.

There are some states in which Employment Discrimination laws are applicable only when an employer employs five or more individuals regularly. Contrariwise, harassment actions, in most jurisdictions, are not limited to those circumstances in which an employer employs five or more individuals regularly.

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.

As an aggrieved employee, you may be wondering if mediation is useful. In many instances, it certainly is. The key to a successful outcome in a mediation is the mediator.

So, how do you know if a mediator is right for you? Either an attorney or judge experienced in related cases is preferable. It is essential that you find a mediator who is not tied to a particular industry, such as Insurance.

Mediation can be a powerful tool if both parties are reasonable and willing to proceed in a reasonable manner. The Courts are likely to be your only option if either you or your opponent is unreasonable. Settlement funding is available in many such cases, no matter which road is taken! - 29970

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