| Settlement Funding and Your Options in Employment Discrimination Cases (Part II) |
| Written by Dr. Tom Rhudy | |||
| Monday, 02 November 2009 08:48 | |||
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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.
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 essentially an individual under the direction and control of an employer. Whether the contract is oral or written, an employment relationship may accrue. Ensure that you satisfy this criterion prior to pursuing settlement funding to sustain such a cause of action. 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. In some states, employees are only protected under the Discrimination Laws if the employer regularly employs 5 or more people. However, in most instances, there is no minimum number of employees required to bring an action against an employer for a harassment action. An employee subjected to harassment may file a claim for harassment even if the complainant is the only employee. Pre-settlement loans are often provided to these individuals after filing such claims. The plaintiff may also be relieved to know that if the employer retaliates against the employee for filing a harassment claim, the employer may also be hit with a claim for retaliation, a separate claim for which settlement funding may be obtained. 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. What do you look for in a mediator? Preferably, someone who has either been a lawyer of judge who has handled related cases. Additionally, it is important that their decisions be based on the facts of the case, not on satisfying a particularly industry (e.g., 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! About the Author: Looking to find the best deal on settlement funding, then visit us to find the best advice on settlement loans for you.
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