How Do Employment Lawsuits Work? New York City Lawyer Explains
In general, employment litigation is a lock-step process
Below, we describe each step.
ADMINISTRATIVE FILING
Employment litigation frequently starts off with an administrative filing with the Equal Employment Opportunity Commission (EEOC), or a state agency like the New York Division of Human Rights. Federal employment discrimination statutes require employees to file charges with the EEOC before they can file a lawsuit (New York State and City laws do not).
Typically, while claims are pending before these agencies, investigators or lawyers should be seeking information to help build a legal case for an employee. Realistically, these agencies are overworked, and not much happens. However, if the agency determines a legal violation occurred, it commonly results in a lawsuit brought by the agency or private counsel or sometimes both.
LAWSUIT
If the employee or the EEOC elect to file a lawsuit, the first step in the process is the filing of a “Complaint.” Once a Complaint is filed, the employee must “serve” it on the employer in specified ways and within a certain period of time. Once served, the employer must respond to the complaint. There are typically two options: (1) file a motion to dismiss the Complaint, or (2) file an “Answer” responding to the complaint.
DISCOVERY
If the employer elects to answer a Complaint, then the case will proceed to “discovery.”
In discovery, both parties are required to exchange information. The exchange of information typically takes three forms: written discovery requests, requests for documents and depositions.
SUMMARY JUDGMENT
Summary judgment is a procedural stage of a civil case in which one or both parties seek to persuade the judge that either some aspect of the case or the entire case does not warrant a trial. Employers usually seek to persuade the judge that the facts about the case are not materially disputed by the employee, and that based on those settled facts the employer did not violate the law. Consequently, the employee’s case should be dismissed without trial. If the employer succeeds at summary judgment, the case is either wholly or partially dismissed. If the case is entirely dismissed, the employee has a right to file an appeal with a higher court. If summary judgment fails, then the case will proceed to trial.
TRIAL
Once a case moves to trial, the parties must begin to prepare their best factual and legal case for presentation to either a jury, or in some cases a judge. Typically, in employment litigation, juries evaluate the facts and judges make legal decisions based upon the facts found by the jury.
A trial almost always begins with arguments by counsel about evidentiary issues. At this stage, the judge will decide whether certain kinds of evidence may be legally presented to a jury as a matter of law. Also at this stage, the judge can consider such matters as the order of witness presentation, scheduling concerns presented by the parties, how the court will allow the parties to go about selecting a jury and other administrative matters.
After the pretrial motions are argued, the case generally moves into selecting a jury. In this step the lawyers and/or the judge question jurors about their potential biases, any impediments they have to serving as a juror, or other issues that could prove to be prejudicial to a party to the dispute. Once a jury is selected, it is sworn in and the judge will direct the plaintiff (usually the employee) to present his or her case.
At the conclusion of the plaintiff’s case, the defendant (usually the employer) can request that the court enter judgment as a matter of law in its favor based on the insufficiency of the evidence presented. If the judge grants the defendant’s motion, the case is dismissed with judgment entered for the defendant with a right to of appeal for the plaintiff. If the judge denies this motion, the defendant will usually proceed to present testimony and other evidence in its defense. Once the defense rests, there is again an opportunity for both plaintiff and defendant to ask the judge to enter judgment as a matter of law. If the court grants that motion, the party that loses has a right of appeal. If the judge denies that motion, the court will review proposed jury instructions from the parties, decide which instructions are proper and then instruct the jury on the applicable legal standards. The court will then direct the jury to deliberate and return a verdict.
Once a jury completes its deliberations, and renders its verdict, the losing party can request a new trial. If granted, the court schedules a new trial. If denied, the losing party has a right to appeal.
SETTLEMENT
With very limited exceptions, the parties are free to settle an employment lawsuit at any phase, including before an administrative filing, or after trial.