When Can Litigation Be Used to Resolve Employment Disputes?

 Posted on December 01,2023 in Business Law

Employment disputes can arise in various situations, ranging from wrongful termination and discrimination to wage and hour violations. When these conflicts cannot be resolved through negotiation or alternative dispute resolution methods, business litigation may be necessary to seek a resolution. Employers or employees who are involved in these types of disputes can work with an attorney who has experience in these types of cases to determine their legal options and make sure their rights will be protected.

The Role of Litigation in Employment Disputes

Litigation refers to the process of resolving legal disputes through the court system. In employment law, litigation involves filing a lawsuit alleging a violation of employment laws or contractual agreements. While litigation is often a last resort due to its time-consuming nature and the potential costs involved, it can provide the parties involved in a case with the opportunity to achieve justice when other avenues have been exhausted.

Situations Where Litigation May Be Appropriate

Litigation may be appropriate in several scenarios involving employment disputes, including:

• Discrimination claims: If an employee believes they have been discriminated against based on their race, gender, age, disability, religion, or other protected characteristics under federal or state laws such as Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA), they may choose to file a lawsuit. Wisconsin’s Fair Employment Law provides employees with the ability to file complaints and address issues related to discrimination.

• Wrongful termination: If an employee believes they were terminated unlawfully—for example, due to retaliation for reporting illegal activities within the company—they may pursue litigation against their former employer.

• Breach of contract: When there is a breach of an employment contract—whether written or implied—and attempts at resolving the issue outside of court have failed, litigation can help enforce contractual rights and seek damages if applicable.

• Wage and hour disputes: If an employee believes they have not been paid the wages they are entitled to, such as the minimum wage for the hours they have worked or overtime pay for time worked in excess of 40 hours per week, litigation can be used to recover unpaid wages.

• Retaliation claims: Employees who have experienced retaliation for engaging in protected activities—such as reporting workplace safety violations or filing a complaint against their employer—may choose to pursue litigation.

The Litigation Process

Litigation typically involves several stages:

1. Filing the complaint: The plaintiff (the party bringing the lawsuit) files a complaint with the appropriate court outlining their claims against the defendant (the opposing party).

2. Discovery phase: Both parties exchange relevant information and evidence through methods such as interrogatories, depositions, and document requests. This phase allows each side to gather facts and build their case.

3. Motions and pretrial proceedings: Either party may file motions during this stage seeking specific legal rulings or requesting the dismissal of certain claims. Pretrial proceedings include additional motion practice and a final conference to prepare for trial. Often discussions regarding settlement possibilities or mediation occur at this time if they have not already.

4. Trial: If no settlement is reached, the case proceeds to a trial, where both sides will present their arguments and evidence before a judge or jury. The decision is then made based on applicable laws and evidence presented.

5. Possible appeals: If either party disagrees with the outcome of the trial, they may choose to appeal the decision within specified time limits. Appellate courts review whether any errors were made during the trial that affected its outcome.

The Importance of Legal Representation

In employment disputes, it is crucial to have experienced legal representation. An employment attorney can guide employers or employees through the complex legal process, ensure that their rights are protected, and present a strong case on their behalf.

Employment laws can be intricate, and they can vary at the federal, state, and local levels. An employment law attorney will stay up-to-date with these laws, and they can help their clients understand how these laws apply to different situations. Furthermore, an attorney can help assess the strength of a potential lawsuit, negotiate settlements, gather evidence to support the claims being made, and advocate for their client's best interests throughout the litigation process.

Contact Our Milwaukee Employment Dispute Litigation Lawyers

If you are facing an employment dispute as an employer or employee, Attorney Jaclyn Kallie can provide guidance on how you can protect your rights and resolve these issues successfully. Our Milwaukee, WI employment law attorneys understand the complexities of workplace disputes, and we are dedicated to protecting our clients' rights and helping them resolve these issues successfully. To learn how we can help address concerns related to discrimination, wrongful termination, retaliation, wage and hour disputes, or other related issues, contact us at (414) 271-1440 and schedule a consultation.