Defending Against Frivolous Employment Claims: Assessing the Claim for Merit, Motion Practice, Sanctions and Remedies

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Tuesday, August 20, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss defending against frivolous employee lawsuits. The panel will address how to assess whether a claim is frivolous or made in bad faith and address possible employer defense strategies including motion practice, counterclaims, and seeking sanctions under federal and state law.
Faculty

Mr. Boling represents domestic and international clients doing business in the US and around the world, especially in the areas of employment law counseling, litigation, compliance, internal investigations, and crisis counseling in emergency situations, including those arising from the COVID-19 pandemic. He counsels clients through all phases of the employment cycle, including hiring, restrictive covenants, disciplinary action, and leave management, and has substantial experience in successfully handling both large-scale reductions in force and high-profile individual employee separations.

Mr. Rooney’s experience includes nearly 20 years representing employers in employment and labor law matters, particularly in class and collective actions. He works with clients in a range of industries, including technology, manufacturing, and construction, litigating cases before federal and state courts and administrative agencies throughout the U.S. Mr. Rooney has handled matters involving wage-and-hour, discrimination, and harassment issues, Fair Labor Standards Act collective actions, Fair Credit Reporting Act class actions, and trade secret and restrictive covenant matters. He possesses significant experience in opposing class certification motions, has worked directly with experts in the fields of statistics and industrial engineering in response to class motions, and has resolved class actions through negotiated settlements. Mr. Rooney also assists employers on preventive measures, including reviewing employment policies, counseling on disciplinary actions and investigations, negotiating severance and release agreements, and conducting employment practices reviews.

Ms. Washington advises employers on a broad range of labor and employment law matters, including issues arising under the ADEA, ADA, FLSA, FMLA, OSHA, Title VII, USERRA, WARN, and other federal, state, and local labor and employment laws. Her practice encompasses counseling employers on personnel decisions and policy development, litigation defense and prevention, internal and governmental workplace investigations, and training on workplace law developments and compliance. Ms. Washington is a skilled litigator, with appellate, class action, and complex litigation experience and has represented clients in disputes before federal and state courts, administrative agencies, and arbitrators.
Description
It is increasingly common for unhappy current or former employees to file meritless lawsuits against employer companies. When faced with frivolous claims, some companies may want to settle quickly, regardless, to mitigate the risk of reputational harm. Others may want to actively defend themselves against frivolous claims to discourage others from following suit in the hope of making money on a quick settlement.
Counsel should know how to analyze a claim to decide whether it may be frivolous or meritless and then understand the various defense strategies that may be pursued to achieve their clients' goals--including whether to pursue ADR and/or settlement or to move ahead with litigation using motion practice and possibly seeking sanctions.
Listen as our expert panel examines how to defend against employee frivolous claims. The panel will discuss how to assess the claim for merit and address considerations counsel and their clients should make when developing defense strategies. The panel will also consider possible remedies and when to pursue sanctions.
Outline
- Introduction
- Determining whether a claim is frivolous or made in bad faith
- Motion practice
- Motion to dismiss for failure to state a claim under Rule 12(b)(6)
- Motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1)
- Motion to stay discovery
- Motion to strike under Rule 12(f)
- Answer and counterclaims
- Sanctions
- Rule 11
- Section 1927
- ADR and settlement: pros and cons
- Attorney's fees and costs
- State statutes and remedies
- Vexatious litigants
- Insurance considerations
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What makes an employee claim frivolous?
- Who are "vexatious litigants?" What states have laws related to vexatious litigation?
- What are an employer's options when faced with defending a frivolous claim?
- When should counsel consider moving for sanctions?
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