Summary Judgment And Trial
If your case is not resolved through informal settlement negotiations or mediation, once all of the discovery has been completed, one or both sides may file a Motion for Summary Judgment in which the Court is asked to consider all of the evidence in the record and determine whether, when applying the law to the facts of your particular case, the plaintiff or the defendant should be entitled to judgment as a matter of law. However, if there are material facts in dispute about what really happened, the Court typically is required to deny any such Motion and allow the case to proceed to trial.
Under the Fair Labor Standards Act, there is an express right to a jury trial, which means that typically the Six (6) members of the community who are selected to sit on the jury will determine whether, based upon the facts and evidence presented during the trial, a verdict should be entered in your favor or for the defense. Trials generally take several days of Court time, ranging anywhere from Two (2) to Five (5) days on average, and as the plaintiff, you will likely be required to attend Court each day of the trial.
If the jury finds that you are owed unpaid wages or other relief from your current or former employer, the jury will also be asked to decide how much you are owed, again based upon the facts and evidence that were presented during the trial.
Additionally, if the jury rules in your favor, the judge may also later decide whether the nature of the employer’s violation entitles you to recover liquidated, or double, damages.
To learn more about the Shavitz Law Group, P.A.’s experience in successfully litigating claims for fair pay and equal treatment in the workplace, contact us today.