Jonas Urba, a New York employment lawyer, here with Employment Law Reality Check. Last week’s video discussed how we represent employees who we may never meet in person. How is that even done? Once we have reviewed some documents and discussed the issues with a potential client we need to address what an employer’s defenses might be. Employer defenses are very important and must be addressed up front before filing charges or complaints. It is much easier if you already have an employer’s position statement or response to a complaint but it’s necessary to discuss those with a potential client. We dig a little deeper. We need to speak back and forth and determine how well each of us might handle the stresses of litigation. Some potential clients call and are confident that their former employer will settle. They state that the employer will never want to litigate the issues. They believe their claim is a no-brainer. Settle and walk away. We can never plan for that because even in a case with very strong facts an employer will always have some defense. And we never plan on any case just settling and everyone avoids litigation. We have to prepare for litigation and have to know whether the client will be able to handle the stresses of litigation. There will always be stresses in any litigation. Guaranteed. During this process, this intermediary process, each of us is trying to decide whether we will be able to work with one another. It will take some time. Even with a rocket fast employment law claim, employment cases often take 6 months before final documents are signed and the entire case is wrapped up. The soonest is 6 months, it could take years. You want to make sure that if you sign up a client, you have established some rapport, you’ve obtained the important facts and you have a fairly decent idea of what the employer’s defenses will be. They are probably going to change. Employers do not have to stick with the same defenses because they do change. But we need to anticipate those changes and we want to address those with our own clients up front. We might even talk about what the client’s expectations are. It’s really important to know what your client’s goal is. The most important thing for employees to do is to call around. Speak with employment lawyers. See who you have the best rapport with, who you can actually talk to and who you feel most comfortable discussing your case with. It is so important to call many employment lawyers. You can call me. I’m Jonas Urba, I serve the entire state of New York and I can be reached at (212) 731-4776. Attorney Advertising.
Analyzing Employer Defenses is Key for Employment Discrimination but as Important is how Parties Handle Employment Litigation Stress.