You may believe that you are treating your employees fairly. However, there are some cases where an employee might believe that you have not kept up your end of the bargain as an employer and he or she might begin the process of litigation. There are several things you should expect when that happens.
Regulators Will Review the Case
Usually, employee litigation begins with a business being reviewed by one of several regulatory agencies, such as the the Department of Labor and the Equal Employment Opportunity Commission. Before filing a lawsuit, your employees will be required by law to file a report to one of these agencies. Then, investigators or lawyers will gather evidence that will be used in the employee's case.
A common mistake that an employer makes is to be evasive when being questioned by a representative of an agency. When this happens, the investigator is more likely to dig more deeply and you may be forced to provide information that you would prefer not to reveal.
If the agency uncovers evidence of wrongdoing, this will often lead to the employee filing a lawsuit. If the agency does not find evidence of wrongdoing, the employee will usually be advised to not proceed with litigation. However, your employee may still choose to file a lawsuit.
Your Employee Sues You
Once the lawsuit begins, there will be a discovery process. Both parties involved in the lawsuit are allowed to serve written questions that are designed to determine what the other party knows about the case.
You May Settle the Case
After discovery has been completed, the courts require that you seek mediation. This is a neutral third party that will work on a settlement. By finding a settlement, you will be able to avoid the more expensive court costs.
You Can Have the Trial Dismissed
If the mediation is not able to reach a settlement, the next step in the case is to move to the summary judgement. This is where you can attempt to have the case dismissed. If the case is dismissed, the employee has the right to seek an appeal from a higher court. If the case isn't dismissed, it goes to trial.
If you are being sued by an employee, make sure to get in contact with a lawyer who has experience with this area of law. If you are accused of discrimination or any number of other crimes, you may be forced to pay a substantial sum of money in a settlement if you do not have proper representation.
Reach out to legal offices like Law Offices of Terry K. Davis for more information.