If you’re a worker who is pursuing (or thinking about pursuing) an employment-law complaint, you may have ideas about the monetary value your case is worth. Unfortunately, workers’ own case valuations are usually wrong. Very wrong, in fact.
Workers often come up with wrong valuations because they rely on factors that are important to the workers– such as the obviousness of a particular lie an employer told– but that are often unimportant within legal forums. For example, an employer is legally allowed to tell many kinds of lies and make many kinds of wrong decisions. Only certain lies and wrongs are legally actionable. You’re unlikely to know which is which unless you’re an employment attorney or repeatedly deal with the laws and legal forums at issue. Otherwise, you have no true framework or basis for assessing your own case’s value.
As an employee rights attorney, my sense of a case’s value is influenced by many factors, both legal and practical. These factors include: