The first things to handle
A lawsuit comes with a deadline to respond, and an agency charge usually comes with a deadline for a position statement, so the papers should go to counsel right away. If you carry employment practices liability insurance, notify the carrier promptly, because late notice can affect coverage and many policies control the choice of defense counsel. Issue a litigation hold to the people and systems that have relevant records, including email, messaging apps, personnel files, and payroll data. Instruct managers not to discuss the claim with the employee or with coworkers and not to take any action that could be seen as retaliation.
Building the employer's account
The core question in most cases is why the decision was made, and the documents created at the time usually carry more weight than explanations given later. Gather the personnel file, performance reviews, discipline records, policies the employee acknowledged, and the communications around the decision. Identify who made the decision and who influenced it, since a biased recommendation from someone below can create issues for the employer even if the final decision maker was neutral. Check whether an arbitration agreement exists and whether it was properly formed. A position statement given to an agency can later be used in court, so it should be accurate and consistent with the records.
Choosing a strategy
In a first meeting we assess the claims, the strength of the documentation, insurance coverage, and the likely cost of litigating through discovery. We talk about whether early resolution, mediation, a motion to dismiss, or a motion to compel arbitration makes sense, recognizing that these are business decisions as much as legal ones. We also look at whether the claim points to a policy or practice that should be corrected now, which can matter for other employees and for future claims. The goal is a plan that fits the company's priorities and that it can sustain through the life of the case.
