Should I Settle or Go to Trial for My Employment Law Case?

When you’ve been mistreated at work, whether it’s through harassment, retaliation, discrimination, or wage violations, just deciding to take legal action is a big step. But once that decision is made, the next question becomes: should you settle your case or take it to trial? 

At the Gould Firm, we know that this choice isn’t just about legal strategy; sometimes it's a personal decision made in light of your goals, values, and life. That’s why attorney Evan Gould doesn’t make assumptions or push one-size-fits-all outcomes. He listens first. Because for some clients, justice means standing up in court and holding their employer publicly accountable. For others, it means securing a fair financial outcome and being able to move on with peace of mind. Some clients want an apology. Others wish for closure as soon as possible. Whatever matters most to you is what matters most to us. 

Mr. Gould also understands that your case has to be evaluated from all angles. That includes the strength and nature of your legal claims, the evidence available, and how your story may be received, whether by an insurance adjuster in a settlement discussion or by a judge or jury at trial. He takes all of that into account, helping you weigh the risks, benefits, and likelihood of success for each path forward. It’s not only about what’s possible, but it’s also about what’s best for you in the long run. 

The Right Path Is the One That Works for You 

In reality, the majority of employment law cases settle at some point before trial. That could happen early on during pre-litigation negotiations, later during mediation, or even after a lawsuit has been filed. Settlement can be a powerful way to resolve a dispute efficiently and privately, without the emotional and financial strain of a drawn-out legal battle. 

But that doesn’t mean settlement is right for everyone. There are times when employers refuse to engage in good faith. There are cases where the harm is so significant that a trial may be the only way to seek meaningful justice. And some clients feel strongly that their story needs to be heard in court. We respect that and are prepared to fight for you either way. 

How We Help You Decide What’s Right for You 

It goes without saying that the decision to settle or go to trial isn’t always obvious, and it’s not one you should have to make alone. At the Gould Firm, we walk through the key questions with every client and ask questions like: 

• What outcome would feel like justice to you? 
• Are you looking for compensation, an apology, or accountability? 
• Are you emotionally and financially prepared for the demands of litigation? 

We also assess your case from a legal standpoint: 

• How strong is your case from a legal and evidentiary standpoint? 
• How willing is your employer to engage in a fair settlement discussion? 

We use this information to craft a personalized strategy, one that balances legal strength with emotional and practical realities. We understand goals can change as the case unfolds, so we stay flexible, keeping you involved and informed at every stage. 

Settlement vs. Trial: What’s the Real Difference? 

Settling your case generally means agreeing with your employer without going to trial. This can often happen more quickly, sometimes within a matter of months, and gives you more control over the outcome. Settlements are usually confidential, less adversarial, and can include terms that extend beyond monetary compensation (such as neutral references, changes to internal policies, or being heard and validated). Once done, you forfeit the right to pursue any other means of justice moving forward. 

Going to trial, on the other hand, puts your case in the hands of a judge or jury. This can result in larger financial awards, including damages for emotional distress or even punitive damages in some instances. Still, it also takes longer, comes with more risk, and opens your case to public scrutiny. Trials are unpredictable, and even a favorable verdict can be appealed, which may delay or reduce your recovery. 

Want to learn more about the specifics of the legal process? Click here. 

Justice Looks Different for Everyone and We’re Ready for Whatever That Means for You 

We understand that justice may not mean the same thing to every client. Some people want to resolve a problematic situation and move on with dignity quietly. Others feel a deep need to hold their employer publicly accountable. Some are seeking closure. Others want systemic change. And many want their story to be taken seriously for once. 

That’s why one of the first things attorney Evan Gould does is ask: What matters most to you? He doesn’t assume. He listens because the right legal path forward starts with understanding what outcome feels right for you. 

Whether that’s a fair settlement or a trial verdict, we prepare every case with intention and care from the very beginning. We gather evidence, build leverage, and strategize with your goals in mind, not just to protect your rights, but to strengthen your position, whether we’re at the negotiation table or in the courtroom. 

If a reasonable resolution can be reached, we’ll help you pursue it from a place of power. If your employer refuses to take responsibility or the harm you’ve experienced demands more, we’re ready to litigate fully, confidently, and without hesitation. 

You Deserve More Than Just Legal Advice 

Our job is about more than filing paperwork or arguing in court. It’s about guiding real people through one of the hardest chapters of their lives. That includes listening with respect, explaining your options, and helping you make the decisions that are right for you. 

You deserve to be taken seriously. You deserve an outcome that reflects what you’ve been through. And whether that comes through settlement or trial, the Gould Firm will be by your side every step of the way.  If you are experiencing unfair treatment, retaliation, discrimination, or any other form of workplace injustice, please reach out today. Let us help you understand your rights and guide you toward the best path forward. Your story matters, and we’re here to fight for the justice you deserve.