Employment Litigation


Employment issues usually can be resolved within the company’s reach with the help of upper management or Human Resources Department. However, when that doesn’t address the problem or if it is not an option, a litigation may be needed.
Step 1
Typically, employment litigation begins in one or several regulatory. These agencies determine if a legal violation occurred, if the agency finds no legal violation took place, this often deters the filing of a lawsuit by private counsel on an employee’s behalf.
Step 2
If an employee or Agency decides to file a lawsuit, the first step in the process is the filing of a “Complaint.” The employer then either files a motion with the court asking for dismissal of the Complaint if the Complaint is defective in its allegations or if the court lacks jurisdiction; or files an “Answer.” If the employer answers to a Complaint, then the case will proceed to “discovery.”
Step 3
In discovery, both parties are entitled to serve written questions (known as interrogatories) on the opposing parties and also serve their opponents with discovery requests seeking all the documents relevant to the case. Each party is also allowed to question people who have relevant information regarding the matter. This is called deposition and it is done under oath.

The discovery device enables the parties to acquire as much evidence as possible for their arguments.
Step 4
Once discovery is complete, most courts require the parties to engage in mandatory mediation. In this step, an impartial mediator tries to help parties to settle their dispute. If mediation does not result in a settlement agreement, then the next step in the process of litigation is usually what is known as summary judgment.
Step 5
Summary judgment is a procedural stage of a civil case in which one or both parties seek to convince the judge that either some aspect of the case or the entire case cannot proceed to trial. Employers argue that the employer did not violate the law and that case should be dismissed without trial. If the employer succeeds the employee has a right to file an appeal with a higher court. If summary judgment fails, then the case will proceed to trial.
Step 6
The parties present their arguments and evidences to either a jury, or in some cases a judge. Typically, in employment litigation, juries evaluate the facts and judges make legal decisions based upon the facts found by the jury.
Allegations are made by the employee and defenses are raised by the employer. The parties may request that the court enter judgment in its favor based on the insufficiency of the evidence presented by the opponent. This request is called motion for judgment. If the judge accepts the request (motion), the case is dismissed with judgment entered for the requesting party with a right to of appeal for the other party. If the judge denies this motion, the court will instruct the jury on the applicable legal standards. The court will then direct the jury to analyze and discuss the case and come to a conclusion, making a decision called verdict.

Once a jury completes its discussions and makes a decision, the verdict, the losing party can request a new trial. If granted, the court schedules a new trial. If denied, the losing party has a right to appeal.
Step 7


  • INVESTIGATION: After initial consultation, our firm will upon your authorization, investigate the scene, seek photographs and reports taken which client does not have in his or her custody. Insurance policies are requested to assess potential settlement negotiation.
  • LITIGATION AND DISCOVERY: We handle Interrogatories to the parties involved, request for all evidence related to the matter and deposition of individuals who may have relevant information will be done in your case. Experts may be retained and used depending in the complexity of your case, to assure we don’t miss any important detail that can make your case stronger.
  • ARGUMENT AND STRATEGY: Your claim must be supported by strong argument based on legal principles and on the collection of all relevant facts so it is of extreme importance that you are well represented in your dispute. We can deliver that representation with proper research, investigation and anticipation of possible defenses of the opposing party.

By Hiring our firm, we will have your rights asserted. We will collect possible evidence and perform a complete research and discovery strategy to assure the best result possible for your employment litigation.