I think the emphasis should probably be on the might. If Employ AI (in my head cannon a wholly owned subsidiary of Google, Facebook, or Palantir), decides to use their free legal billable hours (because the lawyers are on staff anyway), unless you get to the level of class action you don't have a prayer of coming out on top.
Legal fees are commonly part of a law suit. The courts don't like it when you waste time. Good lawyers know how to get their money.