An employment-based lawsuit can threaten your business’s bottom line and its reputation to a considerable extent. After all, the allegations levied against you can include anything from harassment and discrimination to retaliation, breach of contract and wage and hour disputes. With so much on the line, you have to know how to protect yourself during any employment litigation that you may face. By educating yourself on the process and how to build effective defenses, you can confidently step into the legal arena and fight for a just outcome.
That’s why in the remainder of this post we want to look at some key aspects of employment litigation that you’ll want to devote a considerable amount of time to addressing. You’ll want to be thorough and aggressive here, otherwise you might lose your case and face a devastating judgment.
Key points to address in employment litigation
There are several aspects to employment litigation that have to be addressed. Here are some of the most important that you’ll want to prepare for as your case proceeds:
- Your employee or former employee will misconstrue the facts: You can count on this happening in most cases. A performance appraisal aimed at addressing performance deficiencies might be construed as discriminatory in nature, and discipline could be viewed as retaliatory in nature even though it’s based on an employee’s behavioral issues. Regardless of the issue you’re facing, it’s crucial that you that you document as much as you can and have witnesses to any actions you take against your employees. These justifications, such as the bona fide occupational qualification, and interactions can be key to your defense in an employment law case.
- What you say matters: During your employment relationship and throughout litigation, your words can have severe implications for any potential lawsuits. So, make sure you’re aware of how your words can be interpreted, and when making statements do so in a way that always relates back to the employment issue in hand. Always avoid personal attacks and critiques.
- There are tight deadlines: There are strict deadlines in place when it comes to filing employment-related lawsuits. So, make sure you’re aware of these filing deadlines so that you can move to dismiss a lawsuit that’s filed against you in violation of the statute of limitations.
- You will most likely be deposed: The plaintiff’s attorney will probably subpoena you to be deposed. You can’t walk into your deposition unprepared. If you do, then the plaintiff’s attorney will probably get you to say something you wish you could take back and that’ll put you in a bad position at trial. So, make sure you ready yourself for your deposition by anticipating the plaintiff’s questions, reviewing relevant information and being aware of the legal defenses that are available to you under the circumstances.
- Resolution is a possibility: While some employment-based lawsuits are meritless, some are supported by compelling evidence. In these instances, it might be worth considering the best way to resolve the case, which could include settlement. While not ideal, settling an employment law case might save you money and protect your company’s image in the marketplace and the broader public.
There’s a wide range of legal issues you can face related to employment law. If you don’t know how to effectively navigate them, then you could be in a for a bad outcome. To avoid that from happening to you, be sure to familiarize yourself with applicable law and the legal strategies available to you. By doing so, you may be able to fully protect your interests and get back to business as usual.