Lawsuits begin long before a complaint is filed in state or federal court. The core of any litigation is "the story," which is the narrative of an employer's actions that can win the day or cause the employer to lose either on a motion, via a settlement, or in a jury trial. In this Coffee Chat, we will explore the process of how employees get to court.
We will discuss whether administrative exhaustion is always required, the important of early preservation of documents in support of defenses, and the general flow of an employment lawsuit. We will also study a lawsuit decided by a court in order to demonstrate the concepts we will discuss.