Before you plunge headlong into pursuing settlement funding for an employment discrimination case, are you truly an employee? Let’s look at how the Law defines an employee.

An employee is essentially an individual under the direction and control of an employer. Whether the contract is oral or written, an employment relationship may accrue. Ensure that you satisfy this criterion prior to pursuing settlement funding to sustain such a cause of action.

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.

There are some states in which Employment Discrimination laws are applicable only when an employer employs five or more individuals regularly. Contrariwise, harassment actions, in most jurisdictions, are not limited to those circumstances in which an employer employs five or more individuals regularly.

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.

Many aggrieved employees want to know whether mediation works? The simple answer is, “Yes.” Key to a successful resolution, however, is selecting the right mediator!

The right mediator is often someone who has either been a lawyer or a judge who has handled numerous cases similar to the case under consideration. The mediator should not be an individual who relies principally on a certain industry (e.g., Insurance defense) for most of the cases with which they have experience.

Mediation can be a powerful tool if both parties are reasonable and willing to proceed in a reasonable manner. The Courts are likely to be your only option if either you or your opponent is unreasonable. Settlement funding is available in many such cases, no matter which road is taken!

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