FEDERAL AND STATE COURT CIVIL LITIGATION, INDIVIDUAL AND CLASS ACTIONS

Many employment disputes end up being litigated in federal and state courts. Employment discrimination and Retaliation complaints must first be filed with the EEOC or the Texas Workforce Commission (TWC) before a lawsuit can be filed. Other types of cases such as breach of employment contract, constructive discharge, wrongful termination, defamation, estoppel, intentional infliction of emotional distress and other tort claims and wage & hour claims can be filed directly in court.

If the lawsuit is brought under a particular federal law such as the Overtime requirements in the Fair Labor Standards Act (FLSA), the lawsuit must be filed in a U.S. District Court. Texas has 4 federal judicial districts which are divided by geographic areas. If the law is a Texas State law or if the cause of action arises under Texas law, the action must be filed in a State District Court, County Court or Justice Court.  A lawsuit can be brought by an individual party called a “Plaintiff” or by a group of similarly situated employees   in what is called a “Class Action”.

Litigating a case in court involves significant costs even when your attorney’s fees are relatively low. There are Court costs such as a several hundred dollar filing fee, mediator’s fee, pre-trial costs in producing documents, court reporter fees for deposing witnesses and transcribing their testimony, expenses for duplicating documents and creating trial exhibits, costs to legally require third parties to produce documents or appear in court, fees for expert witnesses and jury fees.

Although litigation costs are quite high, if the court or the jury rules in favor of the plaintiff or the class, damages that can be awarded include attorney’s fees, court costs, backpay, front pay, lost benefits, compensatory damages for emotional distress and mental anguish, liquidated and treble damages, prejudgment and post-judgment interest and in some cases such as employment discriminations actions, punitive damages to punish the defendant/employer for egregious conduct and to deter future wrongdoing.  

Both federal and state court actions are complex in nature, and it is strongly advised that employees do not represent themselves in these actions and retain an Employment Litigation Attorney to represent them.  

Deborah is an experienced Employment Litigation Attorney who has successfully represented employees in numerous federal and state court actions. Please set up an appointment with her to discuss your case.