At Moss & Colella, P.C., we understand that clarity and transparency are essential in navigating a legal case, so we have created this timeline to help you track the progress of your case step by step. Whether you are a new client or a returning one, this timeline will provide a clear overview of what to expect throughout the process.
Being aware of the legal deadlines when filing discrimination charges against your employer is crucial. According to federal law, you must submit a discrimination charge with the Equal Employment Opportunity Commission EEOC within 180 days of the discriminatory incident (and 300 days if your complaint is covered by a state or local anti-discrimination law). Similarly, the Michigan Department of Civil Rights MDCR's deadline is 180 days before pursuing a lawsuit. If you receive a “Notice of Right to Sue,” you must file a lawsuit within 90 days. It's essential to adhere to these timelines to protect your rights and ensure proper legal procedures are followed.
If you need legal representation, it is crucial to contact Moss & Colella as soon as possible. During your initial consultation with them, you will have the opportunity to share your story and discuss the details of your case. If your case is legally viable and you wish to proceed with our firm, then we’ll help you collect evidence, determine a compelling argument for your case, develop a settlement figure, and work towards maximum compensation.
Once you officially become our client, we get to work immediately. One of the initial steps involves drafting a complaint. This document will briefly outline the facts of your case, the relevant laws that have been violated, and the specific damages you seek to recover. By engaging in this process, you officially take on the role of the Plaintiff, as you are the party initiating the legal action.
After receiving a complaint, the company (the Defendant) typically has around 28 days to respond. It is common practice for lawyers to grant each other additional time to reply to requests as a professional courtesy. In some cases, the company might file a motion to dismiss instead of directly answering the complaint. These early motions are met with strong opposition. Your lawyer will keep you informed of any early attempt to dismiss your case and the steps being taken to defend against an improper attack on your claims.
In an Employment Discrimination case, once the pre-lawsuit procedures have been satisfied, litigation begins, and the parties engage in the discovery process. This crucial procedure involves investigating the adversary's legal claims and defenses. Each party sends interrogatories, legal questions, and document requests to each other. It also conducts depositions of relevant parties and witnesses, typically starting with the plaintiff and defendant.
Depending on court deadlines, the discovery phase can extend over a year or more and may necessitate parties seeking the judge's intervention. It's common for one or both parties to be dissatisfied with the responses to interrogatories and document requests, leading to a motion to compel further responses. The judge then evaluates each side's arguments and decides, a process that can be repeated multiple times throughout the lawsuit.
In this process, the lawyers will discuss whether to settle the case. This involves the lawyers engaging in conversations to reach an agreement amongst themselves. Should a settlement not be achieved through these discussions, the next step will include mediation in the presence of a neutral mediator, who will assist in facilitating a resolution.
Negotiation and mediation often work to settle a case. However, if the two sides cannot agree, the case moves to trial. An essential factor to remember in the trial process is that even though a lawsuit is scheduled for trial, this does not mean the trial date is imminent. Often, trials will be rescheduled because of the court's delay in the case process. You must remain available for your attorney to contact you through each step of your case so we can communicate essential matters.
The attorneys of Moss & Colella have carefully chosen their career paths to fight for those that have suffered from injury and wrongful death. We believe every citizen should have the right to hire the best lawyer who will actively advocate for their case.
David Moss and Vince Colella have over 60 collective years of personal injury trial experience that provides you a level of legal services and success unmatched by other firms. By working together, we have the ability to find creative, effective, and efficient solutions to even the most complex cases. No matter what situation you face, we will help you get through it.
28411 Northwestern Hwy
Suite 1150
Southfield, MI 48034
