Basic Steps to Defend a Claim When an Employee Sues


In the modern world, business is a complicated endeavor. Even if you are dealing with a thousand things to keep the business on top, you will run into hurdles deeply embedded into the company’s roots. This is because, no matter how good a company’s HR team or practices are, certain employees will turn their back on the company. Unfortunately, this is just the cost of being in business. 

The company could be fair, extremely proactive regarding legal compliance with a positive outreach to the workers – and still,  a specific percentage of terminations and other employment decisions have the potential of turning into lawsuits. That is why you need to be prepared to counter such claims all the time. 

You need to make sure that the attorneys you keep around can help you ideally resolve any business litigation issue. This is because you can overcome any obstacle when you are aware you have excellent business litigation attorneys. 

Here are just some of the basic vital steps you need to keep in mind to secure yourself and your business against an employee claim:

Understanding the Nature and Scope of the Claim

First and foremost, you must completely comprehend the claim’s nature, gravity, and scope. Initially, you need to know whether the employee filed a lawsuit or prompted a claim with state or federal regulators? When it comes to employment law cases, several claims go through a regulatory agency prior to filing a lawsuit. For example, in Orange County, California, there is a possibility that you could be facing a claim with the following:

  • California Labor Commissioner’s office
  • California Department of Fair Employment and Housing (DFEH)
  • United States Department of Labor (DOL)
  • Equal Employment Opportunity Commission (EEOC)

Try Not to Take it Personally 

Although it can be very challenging, you need to remember that employment law claims are not personal at all. Therefore, you should compose your level of professionalism by handling such complaints with great poise. Avoid going into attack mode.

Keep in mind when an ex-employee claims discrimination, it is a simple part of doing business. Most of the time, employers choose an aggressive approach to the suit. However, there is a stark difference between defending a case aggressively and attacking. While the former is an intelligent strategy, the latter frequently brings out damaging results. Plus, attacking increases the risk of being viewed as retaliatory actions. In fact, take tremendous precautions when the plaintiff is a current employee instead of an ex-employee.

Relevant Documents and Records

Relevant documents need to be identified and preserved. Although employment lawsuits are not as document concentrated, it is wise to have a record. Such documents lead to the explanation for the termination or other employment action, as well as the rationality of the employer’s decision. Relevant documents such as personnel files, handbooks, policies, investigative reports, and emails should be accounted for.

Inform Your Insurance 

This is only applicable if your company has employment practices liability insurance or another type of insurance coverage related to employment. First, confirm whether the option is available. If it is, notify your insurer as soon as possible. If you neglect to inform your insurance carrier that a claim has been filed against the company, it could sabotage your coverage.

Employment Attorney for Employers

It is known that employment law is very complex. You need to be aware of several technical rules and regulations. An employment lawyer will inspect the distinct possibilities of the case and present you with the best course of action. So go through those options wisely and act upon your lawyer’s advice rationally.

About Author

LaDonna Dennis

LaDonna Dennis is the founder and creator of Mom Blog Society. She wears many hats. She is a Homemaker*Blogger*Crafter*Reader*Pinner*Friend*Animal Lover* Former writer of Frost Illustrated and, Cancer...SURVIVOR! LaDonna is happily married to the love of her life, the mother of 3 grown children and "Grams" to 3 grandchildren. She adores animals and has four furbabies: Makia ( a German Shepherd, whose mission in life is to be her attached to her hip) and Hachie, (an OCD Alaskan Malamute, and Akia (An Alaskan Malamute) who is just sweet as can be. And Sassy, a four-month-old German Shepherd who has quickly stolen her heart and become the most precious fur baby of all times. Aside from the humans in her life, LaDonna's fur babies are her world.

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