BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month November 5, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Employment and Workers Comp
  • schedule 90 minutes

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

$297.00

This course is $0 with these passes:

BarbriPdBannerMessage

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.

Presented By

Andrew J. Boling
Attorney, Employment Law Chair
Kelleher + Holland, LLC

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.

Connica Lemond
Attorney
Baker Botts LLP

Ms. Lemond is a staff attorney with a focus on labor and employment law issues. With over twenty years of litigation and counseling experience, she has a broad base of knowledge on topics ranging from individual and business immigration issues to federal contract compliance matters. Ms. Lemond has worked with both private industry clients as well as with municipal governments and has litigated and arbitrated numerous cases on behalf of clients to successful outcomes. She has had extensive experience litigating misclassification cases relating to overtime under the FLSA, pay equity and pay transparency issues, and has provided practical approaches to her clients on compliance matters in this field.

Cynthia Uduebor Washington
Special Counsel
Baker Botts LLP

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. 

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, November 5, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction

II. Determining whether a claim is frivolous or made in bad faith

III. Motion practice

A. Motion to dismiss for failure to state a claim under Rule 12(b)(6)

B. Motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1)

C. Motion to stay discovery

D. Motion to strike under Rule 12(f)

IV. Answer and counterclaims

V. Sanctions

A. Rule 11

B. Section 1927

VI. ADR and settlement: pros and cons

VII. Attorney's fees and costs

VIII. State statutes and remedies

A. Vexatious litigants

IX. Insurance considerations

X. Practitioner takeaways


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?