There are several reasons why an employee might want to sue for wrongful termination. Some employees will initiate a lawsuit and then resign before it gets to court, or they may do so after the complaint is filed but before it goes to trial. This tactic prevents their supervisor from testifying about the circumstances surrounding their departure from the company. In those situations, you can use your attorney as a witness in any future litigation against the employer if he or she actually knows something crucial about what occurred. For example, suppose your former boss kicks you out of his office without even telling you where he’s going and simply tells everyone that someone else called into work sick today? You could testify that this behavior was not true, because at that point there would be no way for anyone who was still working at the store to know differently. Still another reason why people choose litigation over resignation is if they do not have much hope of winning through arbitration or other types of mediation prior to filing suit with a court.
If you have been fired without being properly terminated by your employer – whether via summary dismissal (as opposed to just cause) – then it may be possible for lawyers representing either side in such cases, depending on which state has jurisdiction over these issues, to negotiate a settlement agreement prior to going forward with formal litigation proceedings thereafter. However, remember that once initial documentation is filled out regarding how this dispute arose between you and your employer – assuming all parties involved agree upon its existence – any subsequent negotiations