When Should You Sue?
Posted in Workplace Issues
There are three basic questions you need to answer when deciding to file a lawsuit.
- Do you have a good case?
- Am I comfortable with the idea of going to mediation?
- Supposing filing a lawsuit is your best or only option, can you collect if you win?
- If you're answer to these questions is no, then you might not want to file a lawsuit.
A good case
As stated earlier, one of the things you have to consider is whether you have a good case. To know if you have a good case, it must have the following elements:
Contract formation. You have to show that you have a legally binding contract with the other party. Without a contract, you have to establish that you had an "enforceable oral contract, or that an enforceable contract can be implied from the circumstances of your situation." (nolo.com)
Performance. You have to prove that what you did was required of you under the terms of the contract.
Breach. You have to present that the other party you plant to sue failed to meet his or her contract obligations.
Damages. You have to show that you experienced an financial loss due to the other party's breach of contract.
Lawsuit alternatives
Except for criminal cases, you should think of ways to settle you dispute out of court first. Think of a lawsuit as you last option. Instead of rushing to sue the other part, opt to do the following:
Talk directly with the other party and try to reach a mutually beneficial settlement.
Hire a mediator who can help you and the other party assess your goals and options to find a solution that will benefit the parties concerned.
You may also opt to submit your dispute to binding arbitration, especially if your contract provides for it.
Source: nolo.com
