How long does an employment lawsuit take? Employment disputes make up about 15% of civil cases in federal courts annually. If you’ve faced workplace discrimination, harassment, or wrongful termination, you’re likely wondering how long it might take to resolve your case. The answer depends on countless variables—from the complexity of your situation to courtroom backlogs. While no two cases follow identical timelines, understanding the general process can help you prepare mentally and financially for the road ahead.
At The Law Office of Jason Tenenbaum, P.C., we’ve helped many Long Island workers through employment disputes. One question we hear repeatedly: “When will this end?” Though timelines vary widely, we’ll walk through what typically happens at each stage and factors that could speed things up or slow them down.
Starting the Process
Case Evaluation and Filing
Your first step is meeting with an employment lawyer to review your situation. Most people schedule this consultation within weeks of the incident—whether it’s sudden termination, harassment, or unpaid wages. A skilled attorney will explain whether you have grounds for a claim and outline potential strategies.
If you move forward, you’ll likely need to file with a government agency before heading to court. For discrimination cases, this usually means submitting a complaint to the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. These agencies investigate claims under laws like the Civil Rights Act or Americans with Disabilities Act.
The EEOC’s review typically wraps up within six months, though timelines fluctuate. If they decide not to pursue your case, they’ll issue a “right to sue” letter. You’ll then have 90 days to file in federal court. Drafting and submitting the formal complaint usually takes a few weeks as your lawyer builds the legal framework for your claims.
Employer’s Response
Once filed, you must officially notify the employer (the defendant) about the lawsuit. This step—called “service of process”—generally takes 1-3 weeks. From there, the employer has 21-30 days to reply, depending on whether the case is in federal or state court.
Employers often respond in one of two ways:
- Answer the complaint: They dispute some or all allegations but agree to proceed.
- Motion to dismiss: They argue the case lacks legal merit, even if all facts presented are true.
Motions to dismiss add 2-3 months to the timeline while both sides submit arguments and await a judge’s ruling. If the motion fails, the case moves forward. If it succeeds, you might get a chance to amend your complaint or appeal.
Gathering Evidence: The Discovery Phase
What Happens During Discovery
Discovery—the evidence-gathering stage—often becomes the longest part of a lawsuit. Both sides exchange documents, answer written questions, and conduct interviews under oath. The goal? Prevent surprises at trial by revealing all cards early.
In employment cases, discovery usually lasts 6-12 months. Complex cases (think multiple witnesses or years of payroll records) can stretch longer. Disputes over what information must be shared often trigger delays, requiring court intervention.
Key Components of Discovery
- Document Requests: Employers might ask for emails, personnel files, or performance reviews. You could request internal policies or communications related to your claims.
- Written Questions (Interrogatories): Both parties answer queries about the case under penalty of perjury.
- Depositions: Face-to-face interviews where witnesses answer questions under oath. Your lawyer might depose supervisors, HR staff, or coworkers who saw key events.
- Admissions Requests: Asking the other side to confirm or deny specific facts to narrow disputed issues.
Why Delays Happen
Courts set discovery deadlines, but extensions are common. Employers might drag their feet producing records, or parties might clash over confidentiality. Since 2020, pandemic-related court backlogs have added time to many cases, though virtual hearings have eased some bottlenecks.
Settlement Talks and Pre-Trial Motions
The Summary Judgment Hurdle
After discovery, either side can file a motion for summary judgment, arguing the facts don’t support the other party’s case. Employers frequently use this tactic, hoping to avoid trial. Judges grant these motions more often in employment cases than other civil disputes.
This phase tacks on 2-4 months. If the motion succeeds, the case ends (unless appealed). If denied, the case heads toward trial—but settlement discussions often heat up here.
When Settlements Happen
Over 95% of employment cases settle before trial. Timing varies:
- Early Settlements: Occur when evidence strongly favors one side.
- Last-Minute Deals: Happen as trial nears and both sides weigh risks.
Mediation—a structured negotiation with a neutral facilitator—has become standard. Many courts require it before trial, adding 1-2 months to the timeline.
Going to Trial
Preparing for Court
If settlement talks fail, trial prep begins. Over 1-3 months, lawyers:
- Coach witnesses
- Organize evidence
- Draft opening/closing statements
- Plan jury selection strategies
Judges hold pretrial conferences to resolve evidence disputes and set ground rules.
Trial Length
Most employment trials last 3-10 days. Factors affecting duration:
- Number of witnesses
- Complexity of claims (e.g., technical expert testimony)
- Jury vs. bench trial
- Court scheduling quirks
Post-pandemic backlogs mean some courts take over a year to schedule trials after declaring a case “ready.”
After the Verdict
Appeals and Enforcement
Losing parties often appeal, adding 1-3+ years. The process involves:
- Filing a notice of appeal within 30 days
- Preparing trial records
- Submitting written arguments
- Possible oral arguments
Even if you win, collecting payment can drag on. Some employers delay through asset transfers or legal maneuvers, requiring garnishment orders or liens.
What Impacts Your Timeline
- Case Complexity: Multi-plaintiff suits or novel legal issues take longer.
- Court Delays: Urban courts and pandemic backlogs slow things down.
- Settlement Flexibility: Willingness to compromise speeds resolution.
- Attorney Efficiency: Lawyers who meet deadlines and avoid procedural missteps keep cases moving.
Real Cases, Real Timelines
While confidentiality prevents specifics, here’s what we’ve seen:
- Quick Resolution: A harassment case settled in 6 months due to clear evidence like texts and witness accounts.
- Long Haul: An age discrimination case against a large corporation took 3 years, involving 20+ depositions and a failed summary judgment motion.
- Admin Solution: A wage claim resolved through labor department investigations in 9 months without filing suit.
Key Takeaways:
- Strong evidence accelerates outcomes
- Large employers often prolong battles
- Preparation prevents delays
Final Thoughts
Most employment lawsuits resolve within 1-3 years. Complex cases or appeals can extend this further. While the process demands patience, skilled legal guidance helps manage stress and strategize effectively.
If you’re considering legal action, contact The Law Office of Jason Tenenbaum, P.C. at 516-750-0595 or [email protected]. We’ll help you weigh options and protect your rights every step of the way.
This article provides general information, not legal advice. Consult an attorney about your specific situation.
Need Help?
- The Law Office of Jason Tenenbaum, P.C.: 516-750-0595
- EEOC: www.eeoc.gov
- NY State Human Rights: dhr.ny.gov
For more information about how long lawsuits take, check out our video:
