In the modern litigation climate, dissatisfied employees are prone to bringing a discrimination claim to enforce what they believe is the appropriate “civility code” for an employer, regardless of whether discrimination took place. These claims are fact-intensive, requiring extensive written discovery and depositions of the parties and witnesses. Additionally, these cases are complicated by the fact that, by their very nature, discrimination claims are personal, subjective, and implicate privacy and reputational concerns for the parties.
The proper handling of an employment discrimination claim requires the adoption of the correct strategy from day one of the case. Every piece of paper in the personnel file, every offhand comment
by supervisors and co-workers, and every employment decision comes under renewed scrutiny and may be given a heightened level of importance. Counsel must sift through each piece of evidence, assessing its importance as the case progresses. Perhaps most importantly, the plaintiff’s deposition must be precisely targeted at the key elements of a discrimination claim. It is only then that a complete and accurate assessment of the case is possible.
If the discovery process reveals that plaintiff’s claim is not supported by the record, our attorneys have significant experience and a proven track record in researching and preparing a motion for summary judgment to seek dismissal of the case prior to trial. This is often the critical stage of the case, as many plaintiffs’ claims are not sufficient to reach the jury and having the right defense counsel on your side can make the difference between proceeding through a lengthy and public trial versus ending the case via dismissal in advance of trial.
For those cases that cannot be resolved prior to trial, we painstakingly review every aspect of the file, prepare witnesses, and devise a trial strategy in consultation with our client. We are experienced in every aspect of the employment discrimination trial, from jury selection through post-trial motion practice.
Discrimination, sexual harassment, wrongful termination, CEPA claims, wage and hour disputes, Title VII litigation, employment contracts, and associated tort claims, e.g., defamation, intentional infliction of emotional distress, etc., are rapidly growing areas of litigation. McCormick & Priore, P.C. possesses a proven track record of successfully representing employers in these and related areas of employment law at all levels of the administrative and court systems.