Before a lawsuit is filed

The right forum depends on the legal claims, parties and procedural requirements. Some discrimination claims first require an agency charge and further steps before suit; wage and other employment claims can follow different routes. Agreements, including arbitration provisions or releases, may also affect the available process.

The initial review should identify deadlines and the documents needed to evaluate both the employee’s account and the employer’s explanation. A legal claim needs supporting facts and an applicable legal basis; an upsetting employment decision alone does not answer those questions.

What the court process can involve

A civil case generally begins with pleadings setting out the claims and responses. During discovery, the parties may exchange documents, answer written questions and take depositions under oath. Motions can ask the judge to resolve legal issues or claims before trial. The sequence and schedule depend on the court and the case.

Make informed decisions throughout the case

Settlement discussions or mediation may occur at different stages. Some cases resolve by agreement; others are dismissed, decided on motions or tried. There is no assured recovery or fixed completion date. Decisions should take account of the evidence, potential remedies, costs, time demands and the employee’s objectives.

  • Understand what evidence supports each claim
  • Discuss the time and participation litigation may require
  • Evaluate proposed terms as well as any payment amount

Prepare records and preserve credibility

Bring the termination letter, employment agreements, agency records and relevant communications to an assessment. Keep originals and explain gaps or facts that may be unfavorable. Preserve materials you lawfully possess, including relevant personal messages and posts; do not alter evidence or access accounts without authorization. Ask for advice before signing a release or responding to a significant legal notice.

Common questions

What employees ask us

Will an employment case go to trial?

Not necessarily. A case can resolve by agreement or court decision before trial. The course depends on the claims, evidence, motions and choices the parties make.

What should I bring if I already filed an agency charge?

Bring the charge, amendments, filing confirmations, employer responses and every agency notice. Include when notices were received because that can affect the next filing deadline.

Official information

Content updated October 21, 2026. General information; individual circumstances and applicable law matter.