What is the likelihood the lawsuit will result in a trial?
Fewer than 10 percent of lawsuits result in a trial. Forty percent of the time, the court rules the employee doesn’t have a valid claim. The remaining 50 percent of cases are settled, often for modest amounts designed to limit the employer’s cost to defend. Q: What are the financial costs to the employer in having to defend meritless employment lawsuits? A: Employment litigation is expensive even with the most frivolous cases. Attorney fees can rise to six figures easily. The procedural rules allow for broad discovery of employment practices in general, as well as the specific issues in the lawsuit. In addition, the employer will be required to devote dozens of hours to review records, electronically stored information (e-mails and computer files), and appear for depositions. Q: How can employers minimize the cost of defending employment lawsuits? A: Avoiding the lawsuit in the first place is the cheapest and best line of defense. Establish written rules in the form of a handbook and c
