What is the Settlement Value of an Oregon Employment Law Case?

Let me guess: you’ve been “Google-ing” whether you have an employment law case and/or what the settlement value of your employment law case might be.  This is a long-ish article, but I think it is worth reading.

I’m sure you’ve come across some good employment law information in your cyber-travels.  But, I imagine you are no closer to knowing the actual value of your employment law case.  There are so many media reports of seven and even eight-figure employment law verdicts.  But, you understand that those cases are the outliers that do not represent what your case might be worth.  So you’ve continued looking for the real useful information.  You’ve probably run into some great articles out there (like this one) that warn you of the consequences of being unreasonable in employment law cases.  You want to be rational and reasonable.  But, you are still in the dark about the value of your case.  This article is for you.  The text below may not be what you want to hear, but you should read it all the same.  I think I might be able to save you a headache or two.

I don’t typically give out advice on my blog.  Today I will unashamedly break that rule.  If you are trying to Google the settlement value of an employment case,  I advise you to call an employment lawyer immediately! It doesn’t need to be me — I’m not trying to sell you anything.  Just contact a good employment attorney.  If you already have an employment attorney, I advise you to call him or her right now. I am giving you this advice to save you from yourself.  If you don’t at least call a lawyer, you are hurting yourself and other employees who are dealing with similar problems.  You are giving corporations and insurance companies exactly what they want.

Allow me put this in perspective.  Let’s pretend that a magical “Employment Case Settlement Value Calculator” existed somewhere on the web.  It’s exactly what you were hoping to find!  To use this calculator, you would type in a bunch of data (salary, type of case, etc.).  Then, using that data, the calculator would compare your case to thousands of others and pop out a reasonable settlement value.  It goes without saying that you would immediately plug in your information and press the submit button.  I’d do the same thing.  Next, let’s pretend the calculator tells you your case is worth $98,153.23.  Then what?  Ah yes, you would open up MS Word and draft a letter. “Dear Employer, You owe me $98,153.23. Respectfully, John Doe.”  Each night thereafter, as you drifted to sleep, you would think of how you would spend the settlement check.  You’d receive the check in the mail the next week and live out your dreams.  Exactly what you wanted, right?  Wrong.

My example is admittedly facetious, but it illustrates a few important lessons.  First, employment case value presupposes two things: (1) you can “win” your case; and (2) someone is willing to pay reasonable value without contest.  In reality, even if you have a strong basis for a lawsuit, unless you seek assistance from a professional, neither of the above-listed conditions are likely to occur.  The fact that you do not have counsel will drive down settlement value and you most likely get nowhere.  Likewise, the chances of you doing something wrong and messing up your case are very high, simply because you are inexperienced and ill-equipped to handle the intricacies of an employment case.

Second, being able to “calculate” employment case value assumes that complete and accurate information is available.  Not surprisingly, comprehensive information does not exist. The facts in one case are very rarely identical to those in another case.  People, situations, and ability to prove a case vary widely.  Cases often settle with confidentiality clauses.  Even when non-confidential settlements are recorded somewhere, it is always in a very sporadic manner.  In fact, there is no central identifiable place where courts and lawyers “report” verdicts and settlements.  This restricts access to data associated with case value.  Some cases are dismissed.  Some are never filed.  Sometimes employees are reinstated into their jobs, which might reduce an otherwise high verdict or settlement.  Case values change depending on geographic location.  Some plaintiffs are more likable than others. There are an almost infinite number of factors that contribute to verdict and settlement amounts in employment law cases.  I cannot even scratch the surface.  Even if you think you’ve found a verdict or settlement on Google that is similar to your case, chances are it is not.  Your case, if you even have one, could be worth substantially more or less.

Finally and perhaps most importantly, if employment case value were ascertainable via Google search, that would undermine the very system that gives value to your case in the first place.  The reason the courts work so well is because they operate on a case-by-case basis.  12 of your peers sit down, consider the evidence in your case and apply the law.  The court recognizes you as an individual.  The reason defendants settle cases is because they acknowledge the costs and risks associated with trying a case to a jury.  If settlements were reduced to mere calculations, large companies and insurance companies would run the show and you would never get the justice you deserve. Neither with anyone else – you’d all be slaves to the calculator.  And that calculator would eventually fall under control of the corporations and insurance companies.  So, when you get frustrated by the uncertainty involved with the law, try to remember that uncertainty can benefit you when it comes to settlement.

Wrapping things up, if you are questioning the value of a potential employment law case, the bottom line is that you need competent counsel.  And I mean “counsel” as the term is used in “counseling.”  You need someone who can spend time with you to get to understand the facts, get to the bottom of things, prepare your case properly and assert your legal rights vigorously.  If you do not do things correctly from the beginning, I can confidently say that the settlement value of your Oregon employment law case is zero or close to it.