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.
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 (
and Restrictive Covenants Toolkit (
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.
Discrimination, Harassment and Retaliation Resources
Practice Note, Employment Litigation: Preparing to Depose the Employer Witness (
Practice Note, Individual Sexual Harassment Jury Awards and Settlements Chart: Overview (
Practice Note, Individual Pregnancy Discrimination Jury Awards and Settlements Chart: Overview (
Practice Note, Individual FMLA Jury Awards and Settlements Chart: Overview (
Practice Note, Plaintiff-Side Employment Discrimination Litigation: Intervening and Litigating with the EEOC (
Practice Note, Mitigation of Damages in Employment Cases (
Standard Document, Plaintiff-Side Discrimination and Retaliation Damages Assessment Worksheet (
Standard Document, ADA Failure to Accommodate and Retaliation Complaint (
Standard Document, ADEA Discrimination and Retaliation Federal Complaint (
Standard Document, Pregnancy Discrimination and Retaliation Federal Complaint (
Standard Document, Employment Discrimination and Retaliation Complaint (NY) (
Standard Document, Plaintiff-Side Discovery Plan for Discrimination Cases Under Title VII (
Standard Document, Duty to Mitigate Letter to Plaintiff (
Standard Document, Employment Litigation: Rule 30(b)(6) Deposition Notice for Discrimination Cases (Plaintiff to Defendant) (
Standard Document, Employment Litigation: Preparing a Plaintiff for Deposition Checklist (
Standard Document, Deposition Questions: To Rule 30(b)(6) Employer Witness in a Discrimination Case (
Standard Document, Document Requests: To Agency in Federal Sector EEO Hearings (
Standard Document, Notice of Appearance on Behalf of Charging Party (EEOC) (
Standard Document, Interrogatories: To Employer in a Single Plaintiff Discrimination Case (
Standard Document, Document Requests: To Employer in a Single Plaintiff Discrimination Case (
Standard Document, Employment Litigation: Proposed Plaintiff-Side Jury Instructions (Title VII) (
Plaintiff-Side Conciliation and Intervention with the EEOC Checklist (
Unemployment Insurance Benefits Resources