How to Analyze & Frame an Employment Case

Properly framing an employment case is essential for employees and their counsel who wish to protect the employee’s rights and interests during or after the employee-employer relationship. This requires an understanding of, among other things, the essential elements of the underlying claims, the evidence needed to support each claim, the applicable burden of proof at each stage of the case, and the applicable statute of limitations.

For employers and their counsel defending against an employment case, it is equally important to understand how to analyze the case and frame their defenses to avoid, or limit, potential liability. To defend against employment cases, employers should first maintain and regularly review their employment policies to ensure that their businesses practices are legally compliant. If confronted with an employment claim, employers must then be prepared to analyze and support, with documentation or credible evidence, the business decisions at issue. In the context of a discrimination claim, this entails proffering evidence that the employer had a legitimate business reason for the adverse employment action at issue and that the decision was not driven by discriminatory animus.

Join online for a comprehensive, dynamic discussion of the most common types of employment cases and claims-and best practices when framing and analyzing them.