Employment Litigation Lawyer Washington, D.C
About employment litigation
In the current war for talent and customers, employment-related litigation claims can present a massive business and reputational risk if not handled properly. At a time when the number of employment litigation filings continues to rise, employers (or employees) are challenged to handle these workplace claims with efficiency by seeking legal advice from an employment litigation lawyer in Washington, D.C such as Eric Siegel Law.
Resolving employment litigation requires knowledge of these laws and regulations, the applicable case law, and a careful case analysis and strategy. A perceptive understanding of the people involved is essential for success. Often, suits will be settled among parties or ended before trial through summary judgment based on the facts of the case. When early resolution is not achieved, however, the case will go to trial in court or before an agency tribunal. Verdicts in employment-related cases can be enormous, especially in wage-hour and other class actions, creating a high-stakes situation for employers.
Understanding the Basics of Employment Litigation
Labor and employment law is complex and subject to frequent, often dramatic, change. A myriad of laws and regulations — sometimes conflicting in terms and purpose — impose a heavy compliance burden on employers. There also is a plethora of state, federal, and administrative agency decisions that construe these laws, adding to the burden on employers. Labor and employment issues affect the livelihood and well-being of employees and their families and the success of the companies for which they work. The legal disputes between employers and employees can be highly charged, intensely personal, and often embarrassingly public. For these reasons, they can be very difficult to resolve.
In simple terms, employment litigation refers to a lawsuit wherein a member of staff sues their employer due to an issue that arises as a result of work or work-based activities. For example, a member of staff may sue their employer because they feel they are being treated unfairly as a result of harassment of discrimination.
In other circumstances, employment litigation could be sought out in regards to scheduling, overtime, or pay, as well as workplace safety violations or concerns relating to insurance benefits, pensions, or worker’s compensation. Sometimes, employee litigation can be brought against an organization by someone who is not employed by them if, for example, they were a job applicant who believes that they were rejected from employment for the wrong reasons.
Services you can expect.
The service of an Employment litigation lawyer in Washington, D.C covers the spectrum of employment litigation matters, including, but not limited to:
- Single and multi-plaintiff discrimination actions, including those alleging age, disability, gender, marital status, pregnancy, national origin, race, religion, or sexual orientation discrimination
- Single and multi-plaintiff Employee Retirement Income Security Act (ERISA) and employee benefit claims
- Disparate treatment claims and disparate impact theories involving complex statistical or econometric evidence
- Equal Pay
- Family and medical leave act (FMLA) and other leave claims
- Unfair competition litigation and trade secret misappropriation
- Non-compete and theft of company property
- Wage Hour
- Wrongful termination
- Whistle-blower actions
Representation in legal or administrative proceedings
Employment lawsuits can be very complex. You have to take certain actions immediately to make sure that your rights are protected -and to preserve evidence that might be used in court. The time limits for taking action are very short – many courts require you to file a formal, legal response to a lawsuit within just a few weeks. As soon as you receive notice of a lawsuit against you, begin looking for a lawyer.
Sometimes, a current or former employee initiates some kind of adversarial process short of a lawsuit. For example, an employee might file an administrative charge of discrimination, retaliation, or harassment with the U.S. Equal Employment Opportunity Commission or a similar state agency. Or, a former employee might appeal the denial of unemployment benefits, which in many states allows the employee to request a hearing.
In these situations, you should at least consult a lawyer, if not hire one. Although some employers can and do handle these administrative matters on their own, most could probably benefit from some legal advice on the strength of the employee’s claim, how to prepare a response to the charge, how to handle an agency investigation, and how to present evidence at the hearing.
It might be worth hiring an employment litigation lawyer in Washington, D.C to represent you if any of the following occur:
- The employee raises serious claims that could result in a large award of damages against you.
- Other employees or former employees have made similar allegations, either to the agency or within the workplace.
- The employee has indicated that he or she intends to file a lawsuit (in this situation, the employee may just be using the administrative proceeding to gather evidence to use against you in court).
- The employee has hired a lawyer.
Whether you are an employer or employee, it is highly recommended to consult an Employment litigation Lawyer in Washington D.C when you are faced with such a situation.
If you have decided that it might be wise to speak to a lawyer, your next step is to find a good one.