Employment Law Litigation FAQ

Florida Employment Litigation Overview

Legal issues in Florida employment relationships can sometimes be severe enough to result in litigation. Knowing more about this type of litigation can guide you through the process.

The attorneys with [nap_names id=”FIRM-NAME-1″], provide dedicated legal representation for businesses in St. Petersburg, Tampa, Sarasota, Orlando and other Florida locations. We serve employers dealing with issues related to executive compensation, non-compete issues, partnership disputes, wrongful termination, discrimination, wage and hour disputes or other legal matters. Free initial consultations are available.

Frequent Questions About Employment Litigation

While every employment issue is unique, many share several common factors. The information below can serve as a general guide for common questions..

What should I expect during employment litigation in Florida courts?

Employment litigation in Florida typically proceeds through several key phases:

• Initial evaluation and complaint filing: The process begins with an evaluation of the case’s merits and the filing of a formal complaint in the appropriate court.
• Discovery process: This phase includes depositions, document requests, and interrogatories and involves gathering evidence to build the case.
• Mediation: Often required by Florida courts, mediation is an attempt to settle the dispute out of court through facilitated negotiation.
• Motion practice: Includes summary judgment proceedings where parties can seek to resolve the case without a trial if the facts are undisputed.
• Trial preparation and potential jury trial: If the case is not resolved through motions or mediation, it proceeds to trial where witnesses, evidence and arguments are presented to a jury or judge.

We can guide you through each phase, facilitating compliance with federal and Florida procedural requirements while building the strongest possible case.

How does the discovery process work in employment litigation cases?

The discovery phase is a critical element of employment litigation and typically involves:

• Requests for documentation: Both parties request relevant documents – personnel files, emails, company policies, etc. – to understand the facts and build their cases.
• Interrogatories: These are written questions that one party sends to the other to gather specific information.
• Key witness depositions: This includes taking sworn testimony from key individuals, such as supervisors and HR personnel, to discover what they know about the case.
• E-discovery: This involves the collection and review of electronic communications and records.
• Expert witness discovery: When necessary, experts are identified, and their testimonies are prepared to support the case.

We work with our clients to develop a discovery plan to help accomplish our client’s goals in employment litigation.  We strive to manage this complex process efficiently -working to obtain crucial evidence while protecting confidential information.

What are the most common motions filed in Florida employment litigation?

Common motions in employment litigation include:

• Motions for Injunctive Relief: These motions are often heard early in the case and seek to protect a business from a former employee competing unfairly, using trade secrets or other ongoing behaviors that may harm the former employer
• Motions to dismiss: These are filed if the plaintiff fails to exhaust administrative remedies or if the complaint lacks legal sufficiency.
• Summary judgment motions: Particularly common in discrimination cases, these seek to resolve the case without a trial based on undisputed facts.
• Motions to compel discovery: Filed when one party believes the other is not providing necessary information.
• Motions in Limine: Used to exclude certain evidence or testimony from being presented at trial.
• Motions for protective orders: These aim to safeguard confidential information during the litigation process.

Our litigation strategy anticipates and addresses these crucial procedural hurdles.

How do you handle concurrent administrative proceedings during litigation?

We help to coordinate multiple proceedings by:

• Managing dual-track EEOC/FCHR and court proceedings helps ensure that administrative and judicial processes are handled effectively
• Ensuring consistent positions across all forums and maintaining a unified strategy to avoid conflicting statements
• Strategic timing of administrative and court filings that align deadlines and filings to benefit the case
• Preserving appeal rights, helping to safeguard the right to appeal is maintained in both administrative and judicial forums
• Leveraging favorable findings from administrative proceedings to strengthen the litigation case

Our experience allows us to navigate these complex procedural requirements efficiently.

What role does expert testimony play in employment litigation?

Expert witnesses can play a significant role and are often crucial in:

• Calculating economic damages and lost wages to provide a precise financial analysis
• Analyzing statistical evidence in discrimination cases to gather insights into patterns of behavior and practices
• Providing industry standard testimony that helps establish benchmarks and norms relevant to the case
• Evaluating emotional distress and psychological damage and assessing noneconomic impacts on the plaintiff
• Addressing complex regulatory compliance issues to clarify technical aspects of employment laws and regulations

Our attorneys work with qualified professionals to strengthen your case and counter opposing expert testimony.

How do you approach settlement negotiations and mediation in employment litigation?

Our team’s litigation settlement strategy includes:

• Thorough case valuation based on Florida precedent to understand the potential value of the case as well as the strength of defenses
• Strategically timing settlement discussions to maximize leverage during negotiations
• Preparing comprehensive mediation statements and presenting well-organized arguments and evidence
• Structuring settlements  to address practical considerations
• Ensuring compliance with confidentiality requirements and protecting sensitive information
• Drafting enforceable settlement agreements that are clear and legally binding

We negotiate strategically while maintaining trial readiness to maximize your position.

Set Up Your Free Consultation

Employment disputes that lead to litigation require a careful, seasoned legal approach. Call our business lawyers at [nap_phone id=”LOCAL-CT-NUMBER-6″] or reach out online to schedule your free initial evaluation. We have offices in Tampa, Venice and St. Petersburg.