KemLaw

We often say that few things are as challenging as managing a workforce – or owning a business. And one of the most difficult challenges for employers involves lawsuits filed by unhappy employees.

Should a lawsuit be filed against you, here are a few things to remember:

• Learn as much as you can about the case as quickly as you can.
• Safeguard all documents pertaining to the employee and their complaint.
• Know who your witnesses are and explain to them what they can expect and what they may be asked to do by either side.
• Develop a plan for defense of your business. And insist that your legal counsel think strategically.
• If you think you may want to settle – make that decision early in the process to save yourself time and money.

Although each case presents its own set of unique facts which impact upon the decision to settle, employers should always consider the following factors in deciding whether and when to settle:

• Likelihood of success on the merits;
• Bottom-line cost of litigating the matter to conclusion;
• Potential financial exposure from an adverse decision;
• Strength and availability of key witnesses;
• Potential for generating additional suits by other employees;
• Manpower costs/disruption to operations;
• Litigation methods/skill of opposing counsel;
• Tendencies of the appointed judge;
• Forum (administrative agency, state vs. federal court);
• Principles at stake, sending a message;
• Public relations issues – adverse media coverage;
• Employee’s employment history;
• Strength of documentation;
• Potential operational impact of adverse judgment

If you are an employer and find yourself faced with an employee lawsuit, call a well trained Connecticut employment and labor law attorney. Each of the attorneys at Kainen, Escalera & McHale have over twenty years of experience with these matters. And we are Connecticut’s leading employer defense law firm. Contact us if we can help you.

Also – if you are an employer and would like to learn more about successfully managing employee lawsuits, you can find more information here: http://info.kemlaw.com/employee-lawsuits/

The information provided above is made available by Kainen, Escalera & McHale, P.C. for educational purposes only. It is not intended to provide specific legal advice to your individual circumstances or legal questions. You acknowledge that neither your reading of, nor posting on, this site establishes an attorney-client relationship between you and our law firm, or any of the attorneys in our firm. This information should not be used as a substitute for seeking competent legal advice from a licensed professional attorney in your state nor is it provided for the specific purpose of soliciting your business on any particular matter. Readers of this information should not act upon anything communicated in it without seeking professional counsel.