Mental Health and More: How to feel in control during a lawsuit

The process of filling a lawsuit and the proceeding litigation can take both a financial and mental toll. You can protect yourself extensively on the financial drain by signing up for legal insurance, but it’s hard for anyone but yourself to know how it will affect your psyche.

To put it into perspective: if you are at the point where you believe that you have a case against your former employer, it means that you’ve already lost your job at a time you didn’t expect. To then believe that there was foul play on the part of your employer adds another layer to what can often feel like betrayal. If you have a lawyer that understands this, that is already a great step in finding someone who will be a good guide throughout what can be a lengthy litigation process.

However, they cannot be there for all of this. As folks who have been through the legal process against an employer, here is some advice for how to protect yourself:

Set boundaries:

When it comes to any allegations or claims by your ex-employer, it’s your lawyer’s duty to provide you with the information and depositions. But, that does not mean everything you read or are given is necessary. An example: I was recently in a court proceeding where on the morning of our appearance in court, my ex-employer’s lawyer presented new “evidence” that I was a liar. The documents were not relevant whatsoever to the case at hand, nor were they true. I had told my lawyer I was having anxiety about the case as it was, so they advised me not to read the document knowing it would make me upset for no reason. Setting that boundary and being honest with my lawyer allowed them to shield me from information I didn’t need to know (by the way, we won the lawsuit).

Find an outlet that is your own:

Whether it’s journaling, exercise or finding a new project/hobby - work on something that feeds you and keeps you in check with yourself. This will help keep you calm and will allow your mind to be fully occupied by thoughts of the lawsuit.

Speak to a mental health professional:

There are different resources for finding a therapist, like It’s Complicated or Stillpoint Spaces. However, if you would like to see a therapist and have it covered by insurance, you first should see a doctor about what you’re going through, and your need for additional support to ensure your mental health is cared for. They can then prescribe seeing a mental health care professional as part of your recovery. Additionally, you can speak to your insurance directly about the process. Likely they will ask that you see a professional that is connected with their coverage at least three times; once that therapist has determined that you need help, you will be able to claim it through insurance.

Lean on your community:

Friends, family and other folks in your network will become especially important during this time. Again - it is likely that an employer who is threatened by your lawsuit will make low digs to intimidate you (ex: claim you were a bad employee, state that they have people willing to testify against you, make other erroneous claims), and it's important to have people around you that you can trust to remind you of the truth when times get hard.

Trust yourself:

As Mahatma Gandhi once said, “Even if you are a minority of one, the truth is the truth”. For me, this is always what gave me strength - knowing that in the end, I knew what I was saying was the truth - and that one way or another, the truth would reveal itself.

Evaluate your limits for the litigation process:

It’s okay if the idea of a long-term litigation process is not something you can handle - whether that be from a mental or financial perspective. So talk to your lawyer about your strategy - where is your end point, what are you willing to settle for, and if you are really willing to go back to work if you win.

Stand your ground on what your want as a settlement:

German labor courts generally will give in an indication of what they believe a “just” settlement amount is based on your tenure at the company, but keep in mind that this doesn’t mean that if you can't’ negotiate for more.

Know what you want, what is fair to you and don’t be afraid of saying no to initial settlement offer attempts. Employers - and their legal team - may try to intimidate or bully you. This is why it’s so important to trust yourself, and your lawyer, to make the decisions that feel right for you.

Understand your rights to unemployment benefits:

If you have paid into the social system by working at your employer for at least a year, you will have access to unemployment benefits for at least 6 months. The time frame only increases depending on how long you’ve been paying into social welfare. During the process of your lawsuit, you are entitled to these benefits. Once you win or settle out, you will have to give back the benefits you received during this time - likely in the form of your employer giving the money directly to the Agentur fur Arbeit and paying you this difference. It gives you the security to be able to cover your financial needs while continuing to fight.

These are just some of the things to keep in mind to keep you sane, strong and secure during the legal process. We are also in the process of creating a community for folks to connect who have gone through the legal process or who are currently. If you would like to learn more about its launch, reach out to us on our contact page.