When Should You Contact an Employment Lawyer?
Federal and state law protects you from employment discrimination based on race, nationality, religion, age, disability, gender, orientation, or pregnancy. If you are a target of employment discrimination in the Chicago area, contact a Chicago employment law attorney immediately.
The law is quite clear. No employee may be fired, demoted, or denied benefits based on discrimination. Unfortunately, however, a few shady employers in the Chicago area still violate employees’ rights and threaten their jobs.
In most cases, after you accept a settlement in an employment discrimination case, you cannot reopen the case. Settlement agreements are legally binding contracts both parties have agreed to. You waive the right to additional legal action when you sign a settlement agreement.
When May Employment Discrimination Cases Be Reopened?
Employment discrimination cases are rarely reopened, and reopening such a case can be challenging. If you believe you have sufficient grounds to challenge a settlement, consult a Chicago employment lawyer who will evaluate the details of your case, the terms of the settlement, and the applicable laws.
Although it’s uncommon, you may be allowed to reopen an employment discrimination case in the following situations:
- The settlement agreement was obtained through misrepresentation or fraud. You and your attorney must present evidence (witness testimony, emails, documents, or other evidence) that supports your claim of fraud.
- If one party can demonstrate that it entered the settlement under undue influence or duress, a court may reopen the case.
- If there were any procedural errors or failures to follow procedures properly during the settlement process, a court may choose to reopen the case.
- New evidence might be considered grounds for reopening an employment discrimination case. However, there are usually strict deadlines for bringing new evidence to light. If the evidence should have been known earlier, a court will be less likely to reopen the case.
How Should You Handle Your Employment Discrimination Claim?
Most settlement agreements prohibit reopening employment discrimination cases even if you have new evidence. This prohibition maintains the legal system’s integrity and avoids endless litigation.
Imagine a system where employment discrimination victims are allowed to sue employers over and over again to recover more and more damages. No settlement could ever be considered genuinely final.
When you take a settlement in a discrimination case, you should presume the case is over. That’s why you must be represented – from the beginning – by an experienced Chicago employment law attorney who will negotiate for the best possible settlement of your discrimination claim.
What Constitutes Employment Discrimination in Illinois?
If an employer treats you differently due to your race, nationality, gender, orientation, age, disability, pregnancy, or religion, it’s a violation of your rights and the law.
Employment discrimination includes favoritism, denying benefits, making unwanted advances, or terminating someone because of race, gender, nationality, orientation, religion, age, disability, or pregnancy. Employment discrimination in this state includes but may not be limited to:
- behavior that creates an offensive or hostile work environment
- behavior that interferes with someone’s job performance
- denying job opportunities to qualified persons with disabilities
- failing to offer reasonable accommodations to a disabled employee
- subjecting someone to harassment or a hostile work environment
- requests for sexual favors and unwelcome sexual advances
- other physical or verbal conduct of a sexual nature
How Will an Employment Lawyer Help You?
If you face employment discrimination, a Chicago employment lawyer offers the advice, insights, and legal services you need. Your lawyer will gather evidence on your behalf, speak with potential witnesses, and negotiate privately for the settlement you need.
If you move forward with a lawsuit, your employment attorney will determine if discrimination claims have been filed previously against the employer. If the discrimination you suffered was part of a general pattern, that finding is evidence that will enhance your claim.
If the employer refuses to negotiate out-of-court (or refuses to negotiate in good faith), your employment lawyer will take the case to trial and ask the court to hold the employer accountable for unlawful discrimination.
What Else Should You Know About Settlement Agreements?
Most Illinois employers know the law, and employers usually want to avoid the negative publicity that a discrimination trial may generate. Thus, most employment discrimination claims are resolved out-of-court when the lawyers for both sides work out a private settlement.
In a settlement agreement, you may recover compensation for lost wages, lost benefits, mental anguish, emotional distress, court costs, and attorney fees. Under the Illinois Human Rights Act, punitive damages are not available in Illinois employment discrimination cases.
What Can You Do to Strengthen Your Claim?
You can help your employment lawyer by identifying witnesses who will verify that you were a target of on-the-job discrimination. Those witnesses may include other employees who observed discriminatory conduct or overheard discriminatory speech.
You will also need to help your attorney gather evidence. Make hard copies of any hostile or discriminatory memos, texts, or emails you received. Whether your claim is resolved privately or by the court, pertinent documents and eyewitness testimony can make the difference.
Having the right attorney also makes a considerable difference. It is almost impossible to reopen an employment discrimination case, so you must be represented by an employment law attorney who will bring your case to its best possible outcome – the first time.
Take Your Employment Discrimination Claim to Atlas Consumer Law
From our offices in Lombard, the award-winning employment law attorneys at Atlas Consumer Law represent clients throughout the greater Chicago area. When it’s possible, we prefer to avoid an employment discrimination trial by obtaining an acceptable and comprehensive out-of-court settlement.
However, if a negotiated settlement is not available in your employment discrimination case, we will advocate aggressively for you at trial. Our record of success speaks for itself. At Atlas Consumer Law, our goal is to bring your employment discrimination case to its best possible conclusion – the first time – so that there is no need to reopen your case in the future.
To learn more about employment discrimination and your rights, contact Atlas Consumer Law now – by calling us at 630-394-6350 – to schedule your first consultation with our legal team. If you are a target of employment discrimination, it needs to stop now. Let us help.
