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Selecting the standout employment case: get the full story, weigh the good facts and the bad, predict how the jury will react, and trust your instincts when deciding whether a potential client's case is a strong one.

Article Excerpt
Selecting the right client with the right set of facts is, important to any plaintiff lawyer s practice and critical in employment discrimination cases. Liability is usually contested, and your client's credibility will be a determining factor in the jury's decision. You must thoroughly vet potential clients before you agree to represent them.

As soon as a potential client calls your office, imagine your closing argument. Certain facts will have jury appeal no matter who your client is or what the employment claim may be.

Most jurors work, and they have expectations of how people should be treated in the workplace. We are taught that working hard, following the rules, and doing a good job will ensure good job opportunities as well as continued employment.

If the facts surrounding your client's employment contradict these few ingrained principles, jurors' fundamental notion of fairness will be offended. Whether you are trying a race discrimination case on behalf of a young professional or an age discrimination case on behalf of a 68-year-old factory worker, if jurors believe that fairness in the workplace was violated, you are likely to prevail.

Your first line of inquiry should probe the facts that would lead jurors to conclude that the defendant's action was one of "fundamental unfairness." Long-term employment is a very compelling fact. Working for a decade or more for the same employer carries the presumption that the employee has been loyal, dedicated, and stable. In cases where the employer claims that the employee lacked qualifications to perform the job, a record of long-term employment will make that excuse suspicious.

A steady record of good performance will also impress a jury. Most employers use some type of written performance review, if the potential client has access to these documents, review them thoroughly. Do they seem to contradict the reason given for the adverse employment action? Is the potential new client consistently rated outstanding? Look for a history of steady, merit-based pay raises. Also ask whether the potential client has received any company awards or commendations.

Next, look for a shift in the work environment that could provide a logical explanation for discriminatory bias. For instance, in an age discrimination case, did the client get a new, younger manager? Was the company purchased? Was there a change in management style for another reason?

Also examine the company's policies and procedures. Was the potential client's discharge consistent with them? If the employee was terminated for violating company policy, did the company follow the steps of its progressive discipline policy? If the client was passed...

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