What Is Employment Litigation
The modern workplace is a complex legal environment, subject to myriad state and federal rules and regulations, including anti-discrimination statutes, wage and hour laws, and employee/independent contractor determinations. Our employment litigation attorney developed a distinct expertise in this field, representing both employers and employees in a variety of workplace disputes. Having represented both sides in these disputes, our employment litigation attorney is able to anticipate their opposition's arguments more effectively than their counterparts at management-side only firms.
We have a strong record of success initiating and defending claims for discrimination, sexual harassment, retaliation, wrongful termination, wage and hour violations and payment of unemployment benefits both in employment arbitration tribunal and employment court. We also have extensive experience litigating workplace contract disputes and tort claims. Our employment litigation lawyer works closely with companies to ensure the security of their proprietary information and customer relationships through the crafting of well-tailored non-compete and non-disclosure contracts, trade secret litigation, and the aggressive enforcement of covenants not to compete. Our employment litigation attorney assists with internal company investigations of employee complaints and also works with employers to develop personnel policies and procedures that reduce the risk of future litigation. We are also available for human resources counseling to ensure compliance with applicable laws and regulations.
Trial or Resolution - For the best interest of our clients
Although we try a large number of cases every year, the vast majority of cases are resolved when we win summary judgment or achieve an early settlement consistent with the client’s instructions. It generally is possible to fashion the roadmap to summary judgment or settlement within the first several weeks after the filing of the complaint or receipt of a demand letter. Therefore, we attempt to control the focus and pace of every case from the outset by adhering to a handful of essential guidelines.
- we conduct an early case analysis. We interview the key witnesses and collect the key documents. This step may seem obvious – indeed, to be expected – but we believe that important interviews and document reviews are too often postponed until critical witnesses are prepared for deposition. The time to prepare the initial litigation analysis is within the first four to six weeks. This preparation not only helps us litigate to win (if that is the client’s objective), it also helps us assess weaknesses in cases and settle them cost-effectively at the earliest possible stage before our adversaries have mastered the facts and before our clients have incurred substantial fees.
- we collaborate with our in-house contacts to form a unique strategy for each case. If requested, we place our early analysis and strategy in writing and provide associated case budgets. We staff our cases leanly.
- despite the individuality of each case, we recognize that aspects of employment litigation have become a legal “commodity.” Therefore, we use our cutting-edge technology and extensive library of work product from previous cases to streamline the implementation of the chosen strategy.
Our Guangzhou employment lawyer spend many hours each year in litigation skills training and mock trials with our partners to enhance their trial capabilities. Our continuing investment in training great trial lawyers yields results as we often are called upon to try difficult cases that present enormous potential exposure.
If the case is one that the client concludes should not be litigated, we attempt to secure the most advantageous and early settlement possible. In this regard, we make considerable use of alternative dispute resolution to contain costs and manage litigation risk. We also are vigilant in helping employers to compel arbitration when appropriate. In light of our experience and record of success, on a number of occasions we have been substituted in just before trial for other law firms that have been unsuccessful in resolving a case by motion.
Employment Litigation Lawyer Is Essential
Employment Litigation encompasses many different types of disputes between employees and employers. Claims arising in the workplace include wrongful termination; termination of health plan, pension, and other employee benefits; refusal to pay wages owed; breach of contracts with employees; and termination of an employee under whistle blower circumstances. Although China has no whistleblower laws, but we still can protect an individual's right to bring a claim against an entity that has engaged in illegal conduct and defrauds our government.
Our Guangzhou employment litigation lawyer represent both employer and employee in employment litigation. We have extensive experience in represent foreign invested company and foreign employee involved in employment litigation.