Following a client’s free consultation, our team takes the time to evaluate your employment case to determine whether we can represent you. During this process, we take a close look at the specific laws relevant to your case as well as review the important details of your situation.
Bear in mind that this is not a perfect process and there is a degree of subjectivity to our decision. We may decline to take your case, but another lawyer may accept it and vice versa. If we’ve declined your case, consider reaching out to another attorney who can.
To provide some insight into how we make this decision, here’s a list of the top eight reasons why an employment lawyer declines a case.
Overview:
- You Weren’t Fired
- You Quit
- No Protected Class
- Not Enough Evidence
- Poor Performance History
- Your Behavior is Rude or Overbearing
- Unrealistic Expectations
- Prior Legal representation
#1. You Weren’t Fired
Many employment laws in Illinois are designed to protect an employee if they are wrongfully terminated from their position. So if you haven’t yet been fired from your job, it may not be the right time to pursue legal action against your employer as there may be no way to prove financial harm. In other words, there would be no economic damages, or lost wages, to collect.
Additionally, without an adverse employment action such as termination, it can be difficult to prove issues such as harassment, discrimination, or retaliation in a lawsuit. Not to mention, actively suing your employer while you still work for them can create significant conflicts in your case and potentially make a bad situation even worse.
#2. You Quit
If you are reaching out to an attorney about an employment dispute, there’s a good chance your work conditions were less than desirable. It’s hard to blame anyone for throwing their hands up and quitting a toxic job. And while this may solve the immediate distress of the situation, voluntarily resigning from your position can make an employment case extremely difficult to win.
This is because most employment laws, again, are meant to remedy wrongful termination. If an employee quits and wants to take legal action, they would have to prove their resignation was a constructive discharge. A constructive discharge occurs when an employer creates or allows working conditions to become so unbearable that a reasonable person in the employee’s position would feel compelled to resign.
In the context of an employment lawsuit, the employee’s resignation is treated as though the employer effectively terminated them. To prove constructive discharge, the employee must demonstrate that the working conditions were intolerable and that the employer intended or should have reasonably foreseen that the employee would resign.
#3. No Protected Class
Many employment laws are specifically designed to safeguard employees from discrimination based on characteristics such as race, gender, age, disability, religion, and national origin. If your situation does not involve discrimination against one of these protected classes, it may fall outside the scope of these legal protections.
As unfair as it may be, unless harassment, bullying, or poor treatment from supervisors or coworkers is because of a protected class, it is not illegal. General grievances about personality conflicts or workplace drama, without a connection to a protected class, do not meet the legal standards for an actionable employment lawsuit.
#4. Not Enough Evidence
A strong case requires substantial evidence, such as documentation, witness statements, emails, and other relevant materials. Simply belonging to a protected class or engaging in a protected activity is usually insufficient to prove illegal discrimination or retaliation. You must demonstrate a connection between your termination and a protected class or activity, which often requires circumstantial evidence.
Evidence might include emails, text messages, audio recordings, performance reviews, audio recordings, witness testimony, or comparisons with non-protected individuals in similar positions. Additionally, you must show that the employer’s stated reason for termination is a cover for the true unlawful reason.
Litigation is inherently risky, and if you lose, you might be responsible for paying the employer’s litigation costs, which can be substantial. Without strong evidence, an employment lawyer may judge your case to be too weak to pursue successfully.
#5. Poor Performance History
Employers often justify adverse employment actions, such as termination or demotion, based on documented performance issues. Employers often maintain such documentation to protect themselves against wrongful termination claims, and it becomes challenging to prove that your termination was unjust or discriminatory if based on these records.
Under Illinois’ employment discrimination laws, an employer can counter an employee’s claim by presenting a “legitimate, nondiscriminatory reason” for their actions. If an employer can demonstrate a history of poor job performance or disciplinary issues, proving that the real reason for the adverse action was discrimination or retaliation becomes difficult.
When reaching out to an employment lawyer, be sure to be honest and transparent about any potential red flags in your performance history. It will always come to light, and knowing about potential roadblocks from the start can help your lawyer determine how likely it is to win your case, saving you time and money.
#6. You’re Behavior is Rude or Overbearing
Lawyers work closely with their clients, so any complications in the attorney-client relationship or poor communication can negatively impact a case. A mutual spirit of cooperation, respect, and professionalism can quite literally be what leads to a big win.
So clients who come across as overly demanding or rude may have a hard time finding a lawyer willing to take on their case. Lawyers are more likely to take on clients who are respectful and reasonable.
That being said, an attorney with extensive experience in employment law could empathize with the stress, anger, and frustration that goes along with any employment dispute. And there is a certain level of grace that they will extend to their clients if emotions start to get heated.
#7. Unrealistic Expectations
Every lawyer evaluates cases based on their potential outcomes and legal merits. Our attorneys possess a deep knowledge and understanding of federal, state, and local employment laws, so they have a reasonable idea of what to expect with each case.
However, some clients tend to have unrealistic expectations about the outcome of their case regarding case duration, compensation, or likelihood of winning. For example, many clients don’t know that an employment lawsuit could take up to several years to win.
If these expectations start to negatively interfere with the attorney-client relationship or have the potential to in the future, an attorney may choose to decline the case.
#8. Prior Legal representation
Lawyers prefer to start fresh with new clients rather than taking on clients who have had prior legal representation on the matter. Switching to a new lawyer mid-case can complicate your lawsuit.
Consider carefully if you feel that you cannot continue with your current legal representation before seeking out a new lawyer. And, more importantly, do your research and take your time when choosing a lawyer from the start because ou will have fewer options for lawyers who are willing to take over your case midway through.
