Has an employee or prospective employee accused you of violating state or federal employment law? If so, you might find yourself the target of employment-based litigation. Here’s what you can expect during the process, so that you can prepare a stronger defense to the allegations against you.
The Complaint and Initial Response
The first stage of an employment lawsuit involves the parties’ pleadings. An employee bringing an employment law claim must file a complaint with the Florida Commission on Human Relations or the U.S. Equal Employment Opportunity Commission. However, for some types of claims, an employee may file a lawsuit in court without first submitting a complaint to state or federal agencies. When the FCHR or EEOC receives a worker complaint, it will investigate the allegations, often by contacting the employer for information. Employers should respond to state and federal investigators promptly to avoid adverse rulings.
After the FCHR or EEOC completes its investigation, it may issue the employee a right-to-sue letter that authorizes them to file a lawsuit against their employer. The court complaint will describe the nature of the employer’s alleged violation(s), such as discrimination, workplace harassment, unpaid wages, or retaliation. After the employee files their lawsuit, the employer has a limited timeframe to file a response to the complaint’s allegations. As a result, an employer should seek legal counsel immediately after receiving notice of an employment law complaint.
Discovery and Evidence Gathering
After the pleadings stage and initial motions, the parties must engage in discovery, during which they exchange evidence and information through interrogatories, requests for production of documents, and requests for admission of facts. Parties may also depose witnesses with relevant information. Employers may have to produce various records for an employee, such as emails, payroll records, or performance reviews. As a result, discovery can place a significant financial and administrative burden on employers as they must search for information or documents relevant to an employee’s discovery requests and have managers or executives sit for depositions.
Settlement Discussions and Mediation
The parties in an employment lawsuit may engage in settlement negotiations to resolve the employee’s claims without going to trial. However, when informal talks fail to produce a settlement, parties must submit their dispute to mediation, where a neutral third party, called a mediator, furthers the negotiation process by helping the parties understand the strengths and weaknesses of their respective cases and suggesting solutions for a settlement. An employer’s legal counsel can help the business evaluate settlement offers and negotiate on the company’s behalf to pursue more favorable settlement terms.
Trial and Potential Outcomes
When an employee lawsuit proceeds to trial, the parties will present evidence, witnesses, and arguments to a jury or judge who will render a verdict deciding the merits of the employee’s claim. An employment lawsuit may result in:
- An order of dismissal by the trial court after a motion to dismiss or for summary judgment
- A verdict in favor of the employer, or
- A verdict in favor of the employee that awards them financial compensation or other injunctive relief, such as reinstatement to their job or requirements for the employer to institute policy changes
An experienced attorney can prepare and present a compelling defense on the employer’s behalf to pursue a verdict in the employer’s favor.
Contact an Employment Law Attorney Today
An employment lawsuit can have a disruptive effect on your company and may jeopardize its reputation and financial interests. Don’t face it alone. Instead, contact Brick Business Law, P.A. today for a free, confidential consultation with an employment lawyer to learn more about what to expect during litigation and how we can help you pursue the positive outcome you deserve.
