Employment Resources for Plaintiff-Side Counsel

Resources to help plaintiff's counsel to advise, negotiate and litigate claims on behalf of employees related to discrimination, wage and hour, and unemployment insurance benefits. This Toolkit includes resources addressing consultations, demand letters, negotiation of severance and settlement agreements, damages analysis and unemployment insurance hearings.

Practical Law Labor & Employment

Plaintiff-side attorneys must quickly and efficiently spot issues, analyze whether a prospective client's claims have merit and determine the best route for negotiating or litigating each claim. These practice notes, standard documents and checklists provide guidance tailored to plaintiffs' attorneys while considering these matters. In addition to the resources below, Practical Law has several resources addressing federal and state employment laws, contracts and litigation strategies that are helpful to plaintiff-side attorneys. For a sampling of these resources, see Employment Litigation: Single Plaintiff Employment Discrimination Toolkit ( www.practicallaw.com/7-521-6609) and Restrictive Covenants Toolkit ( www.practicallaw.com/4-523-8981) .

The consultation resources cover client intake, initial consultation, retainer agreements and non-engagement stages. The consultation practice note and checklist describe the initial consultation process by outlining the steps to be taken before, during and after an initial consultation and best practices. The sample retainer letters provide templates for a contingency and hourly arrangement with detailed drafting notes.

The negotiation resources address the best strategies for plaintiff-side attorneys when negotiating a severance or settlement agreement and includes standard documents that may be necessary during the negotiation such as a tolling agreement or cease and desist letter. Sample demand letters for discrimination and retaliation claims, one of the most common tools in a plaintiff attorney's arsenal, are also provided with helpful drafting notes.

The litigation resources include damages and settlement charts, sample complaints, interrogatories, and document requests. There are also several resources to assist counsel with the representation of claimants in unemployment insurance hearings. Although unemployment insurance law varies by state, these resources provide a general framework from which counsel can begin to understand the process and standard documents that may be modified based on each state's requirements.

 

Consultation Resources

 

Negotiation Resources

 

Litigation Resources

Discrimination, Harassment and Retaliation Resources

Unemployment Insurance Benefits Resources

 
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