Lawsuits from unhappy employees can be time consuming and expensive. If you are facing one and have decided to fight it, consider focusing your attention on developing and implementation of an effective defense plan and on requiring your defense counsel to think strategically.
When creating your strategic plan of defense, here are a few steps to take:
- Analyze the ability or propensities of opposing counsel;
- Assess the forum in which any trial or arbitration will occur;
- Make sure you understand the tendencies of the judge that will hear the case;
- Analyze the strength of the facts, and the witnesses;
- Assess the credibility and “likeability” of the plaintiff as well as the decision maker involved in the dispute;
- Be sure you understand your goals; and
- Assess whether the challenged employee conduct would appear benign to a reasonable person.
As an employer, you should engage your defense counsel in discussions about the case strategy at the very beginning of the case and you should periodically discuss your defense strategy as the case progresses.
Are there questions you should pose to your defense counsel?
Questions To Ask Your Employer Defense Attorney:
- Have you interviewed all of the witnesses and read all relevant documents?
- What is your assessment of the merits of the case?
- What is your strategy for defending this case?
- What weaknesses do you see in the defense?
- Is there any evidence to counter that weakness or a good strategy to minimize its impact?
- What do you see as the greatest strength in the defense?
- What types of tactics are most effective against the opposing counsel?
- What are the propensities of the judge and how should we proceed in light of those propensities?
- How do you believe the case would play to a jury?
- What opportunities do you see for early settlement of this case?
- Do you have a strategy for bringing this case to a prompt resolution?
- What are the costs you anticipate in defending this action?
If you’re an employer are facing a possible employee lawsuit, consider calling on the attorneys at Kainen, Escalera & McHale in Connecticut. We do one thing and one thing only – we are an employer defense law firm – in fact, we are one of the largest employer defense law firms in the region. What’s more, each of our attorneys have over 20 years of experience in employment law and labor law matters and can provide your business with comprehensive legal counsel ranging from assistance with necessary preventive measures to trial advocacy. Please contact us if we can help you.
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