3 Steps to Take When Facing a Wrongful Termination Suit

Signs of imminent wrongful termination litigation come from many sources—e.g., through internal or informal employee complaints, agency charges, and attorney demand letters. How serious the claim seems to be may vary, but defense counsel’s basic response should always be these three steps. Conduct an investigation. After identifying all relevant sources of information, including potential witnesses and documents, take steps to gather and preserve evidence. Consider seeking evidence from interviews with those who decided to terminate the employee as well as those whose opinions contributed to the employment termination or action, such as former supervisors who evaluated the plaintiff’s performance. Interview percipient witnesses and review the plaintiff’s personnel file. During the investigation it’s important to safeguard the attorney-client privilege by advising supervisors and managers that their interviews with you are protected and that they…

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