How Long Does a Wrongful Termination Case Take to Resolve?
Like any other type of legal case, there is no way to predict how long a wrongful termination case will take to resolve. The main issue that determines how long a wrongful termination case takes to resolve is whether the employer is willing to settle the case with the filer or if the filer needs to file a lawsuit to have the court rule on the case. A wrongful termination claim can take anywhere from a few months to about three years to resolve.
In Texas, the statute of limitations for wrongful termination lawsuits is generally two years from the date of termination. An exception to this is if the employee’s contract specified otherwise. Texas is an at-will employment state, which means an employer has the right to terminate any employee for almost any reason without warning. But if the termination was illegal, the employee can file a wrongful termination claim.
In most cases, a charge of discrimination must be filed within 180 days of the last instance of discrimination. For a wrongful termination claim, this is the date of the termination. The EEOC then opens an investigation of the case, for which it must give the filer a determination about the case within 180 days. If the EEOC grants the worker a Notice of Right to Sue, he or she may file a lawsuit but must do so within 90 days.
Your Right to Sue
If you file a lawsuit, the first step is the discovery process. This can take six months or longer. During the discovery process, both parties gather evidence to support their arguments.
It is important to remember that just because you can file a lawsuit and have the court rule on your case does not mean this is how your case will end. Many wrongful termination claims are settled through mediation, a process that involves a neutral third party who guides the conflicting parties to an agreement. In fact, the court may order you to attempt to resolve your case through mediation first.
A Lawsuit Can be a Long Process
If you cannot settle your case out of court, it may schedule a trial for you. This can be one year or longer into the lawsuit. A trial can take about one to two years to complete, but in some cases, the jury reaches a verdict in only a few weeks or months. In others, a trial lasts longer than two years.
Work with an Experienced Dallas Employment Lawyer
Do not let the length of time your case could take to settle deter you from filing and pursuing one. If you were wrongfully terminated from a position and suffered financial damages as a result, you have the right to seek compensation for these damages through a wrongful termination claim. Your first step is to contact an experienced employment lawyer to discuss your case and determine what you can expect given your circumstances. Contact our team at Lindquist Wood Edwards LLP today to schedule your initial consultation in our office.