Facts and Tips in Handling Employment Cases

By: Ivonne Jade Agustin
Submitted: 2009-06-24 12:49:56
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Some employees are unfortunate to suffer unfair treatment from their employer or colleagues, people who take advantage of others for their own gain.

Most of these employees are harassed, wrongfully terminated, discriminated, and retaliated against for reasons that are unlawful.

Situations similar to this should be dealt with accordingly and so complainants should bring their cases to lawyers who are expert in the field of employment litigations.

Issues in Employment Cases

Handling these cases is no easy task and so complainants would need to get all the help they can get. Here are some of the facts and tips on how to effectively handle cases that would compensate the hardships experienced by the complainant:

•    Under FEHA, individuals cannot be named as defendants.
-    In California, the Fair Employment and Housing Act (FEHA) does not allow individuals to be named as defendants in lawsuits concerning employment issues such as wrongful termination, discrimination, and retaliation.

However, it is common that claimants would allege defamation or other actions that have caused them emotional distress just so they can name an individual as the defendant.

•    It is best to keep employment cases in state courts.
-    To avoid diversity, it is best to keep employment cases in state courts. To do this, it is important to name an individual as the defendant so that the case would not be moved.

•    Importance of Strategic Leverage
-    There would be instances when an individual defendant would need a different lawyer which would need leverage; economical and psychological.

Economical leverage would be connected with the employer’s hiring of a separate attorney. On the other hand, psychological leverage would concern the employer’s uncertainty in controlling the defendant.

•    Possibility of Bankruptcy and Insolvency
-    Even if the claimant has won, there are instances when the defendant or the company would not be able to pay what is due because of bankruptcy and/or insolvency.

        There are laws which protect those who have filed for bankruptcy and so they would not be able to provide the amount that is due to the defendant. However, there have been instances that after filing for bankruptcy and closing the company, they would again open a business under a different name.

•    Claimants can be sued by individual defendants.
-    There are a lot of advantages if there is an individual named as a defendant, but, there is also a downside. Complainants can be charged with malicious prosecution for filing alleged senseless charges.

Even if the claimant would eventually drop the individual as a defendant, the possibility of being accused of such allegations would still not be removed.

Filing claims and effectively prosecuting defendants relies greatly on the strategy of the legal counsel. So, it is important that claimants acquire the help of an attorney who has been efficiently handling employment cases.

It is best that before hiring a lawyer, the plaintiff would know a little background about him so that he will be assured that the lawyer is not new and is experienced in the field of employment litigation.

Our Los Angeles employment lawyers are expert in handling employment cases such as wrongful termination. For consultation, log on to our website and call us toll free for immediate legal assistance.

Article source: Expert Articles