In order to obtain settlement funding for an employment discrimination case, one must first be an employee. What constitutes an employee under the law?
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.
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.
Certain states require an employee to work for an employer who regularly employs 5 or more people prior to that employee being protected by Discrimination Law. The minimum number of employees-requirement is customarily not applicable in harassment claims.
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.
Employees suffering from employment discrimination often wonder whether mediation is of any use. It certainly can be. A successful outcome often turns on the mediator selected.
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.
Yes, mediation may prove very useful, assuming both parties are reasonable, willing to proceed with confidence in the proceeding. An unreasonable party, however, whether it's you or the employer, often mandates a resolution through the courts. Whether you pursue mediation or the courts, settlement funding is often readily available!