What to Do If You Are Facing Employment Litigation

Employment Litigation Lawyer

Employment litigation can be a stressful and challenging experience for both employers and employees. It often involves disputes related to workplace discrimination, harassment, wrongful termination, wage and hour violations, or breach of contract. If you find yourself facing employment litigation, it is essential to take the proper steps to protect your rights and interests. Below is a comprehensive plan of action to follow if you are involved in an employment litigation case, from an employment litigation lawyer with our friends at Eric Siegel Law.

Consult with an employment lawyer.

The first step in addressing employment litigation is to consult with an experienced employment lawyer. A lawyer can help you understand your rights and obligations, assess the merits of your case, and provide guidance on the best course of action. Whether you are an employer defending against a claim or an employee pursuing legal action, obtaining legal representation is crucial to navigating the complexities of employment law and ensuring that your interests are protected. They will be able to provide you with a timeline of how long your case will take and what the potential outcome will be.

Preserve relevant documents and evidence.

Employment litigation cases often hinge on the strength of the evidence presented by both parties. Therefore, it is essential to preserve any documents and evidence that may be relevant to the dispute. This may include:

  • Employment contracts and agreements
  • Employee handbooks and policies
  • Performance evaluations
  • Payroll records and timesheets
  • Email communications and memos
  • Witness statements

Maintaining organized records and promptly securing relevant evidence can be instrumental in building a strong case and avoiding potential sanctions for spoliation of evidence. It is okay if you do not have all of this on hand as a lawyer will help in collecting relevant documentation.

Conduct an internal investigation.

For employers facing employment litigation, conducting an internal investigation can be a valuable step in assessing the facts and determining the company’s potential exposure. This investigation should be thorough, impartial, and documented to demonstrate the employer’s commitment to addressing workplace issues. If the investigation reveals any wrongdoing or policy violations, employers should take appropriate remedial action to correct the situation and minimize potential liability. A lawyer will also conduct their own investigation in order to produce relevant documents.

Engage in alternative dispute resolution.

Many employment disputes can be resolved through alternative dispute resolution (ADR) methods, such as mediation or arbitration, without the need for a costly and time-consuming trial. ADR can provide a more efficient and cost-effective means of resolving employment disputes, allowing both parties to reach a mutually agreeable resolution. Employers and employees should consider participating in ADR if it is an option available to them, either through a contractual agreement or by mutual consent. Contact a lawyer near you for all of your available options.

Prepare for trial.

If a settlement cannot be reached through negotiation or ADR, the case may proceed to trial. Preparing for trial involves several critical steps, including:

  • Developing a trial strategy: This involves determining the key arguments and evidence to present, identifying potential weaknesses in the opposing party’s case, and anticipating any defenses or counterclaims. An experienced lawyer will do this for you and communicate their strategy to you at every step of your case.
  • Engaging in discovery: Discovery is the pre-trial process of exchanging information and evidence between the parties. It may involve document production, interrogatories, depositions, and requests for admission.
  • Preparing witnesses: Witnesses, including expert witnesses, should be thoroughly prepared to provide clear and persuasive testimony at trial.
  • Drafting and filing pre-trial motions: These motions can address procedural issues, evidentiary matters, and legal arguments that may impact the outcome of the trial.
  • Consider settlement opportunities:
  • Even after a trial has commenced, settlement opportunities may still arise. Both parties should remain open to considering settlement offers that may be in their best interest, weighing the potential costs and risks of continued litigation against the benefits of reaching a negotiated resolution.

Facing employment litigation can be a daunting and stressful experience, but with an experienced lawyer by your side it can be much easier. Contact a lawyer near you today!