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The Top Strategies Used By Employer Defense Attorneys To Win Cases

9 March 2023 by Louise Boyd

Employer defense attorneys play a critical role in protecting businesses against legal disputes and ensuring compliance with labor laws. To successfully defend their clients, employer defense attorneys use a variety of strategies aimed at minimizing legal risks and winning cases. 

Following are the top strategies employer defense attorneys use to win cases.

Early Intervention 

One of the most effective strategies used by employer defense attorneys is early intervention. By addressing potential legal issues proactively, attorneys can help prevent disputes from escalating into full-blown legal battles. This can save their clients time, money, and reputational damage in the long run.

For example, an attorney may recommend conducting an internal investigation to address potential harassment or discrimination issues before they result in a lawsuit. They may also advise their clients on best practices for record-keeping and compliance to minimize the risk of legal disputes as well as help compose employee handbooks. 

Strong Documentation

Another key strategy used by employer defense attorneys is the use of strong documentation. By keeping accurate and detailed records of employee performance, disciplinary actions, and other relevant information, employers can help defend themselves against legal claims.

For example, an attorney may use documentation to prove that an employee was terminated for legitimate reasons, rather than due to discrimination or retaliation. They may also use documentation to show that an employee was not meeting performance expectations, which can be a defense against wrongful termination claims.

Expert Testimony

Employer defense attorneys may also use expert testimony to support their clients' cases. This may include testimony from human resources professionals, industry experts, or medical professionals, depending on the nature of the case.

For example, an attorney defending a company against an ADA claim may use expert testimony from a medical professional to show that the employee in question was not qualified for the job due to a medical condition. This can help strengthen the employer's defense and potentially lead to a favorable outcome.

Negotiation and Settlement

In many cases, employer defense attorneys may recommend negotiating a settlement rather than going to trial. This can help their clients avoid the uncertainty and expense of a lengthy legal battle.

Additionally, a skilled employer defense lawyer attorney may negotiate a settlement that includes a confidentiality agreement, which can help protect their client's reputation and prevent future litigation. They may also negotiate a settlement that includes a release of liability, which can help protect their client from future legal claims related to the same issue.

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