Labor and employment attorneys, whether representing employers or employees, typically provide advice and counsel to their clients, in addition to defending or initiating employment-related cases. Management attorneys help their clients comply with myriad employment laws that affect everything from hiring to firing employees. Plaintiffs' attorneys assist clients with protecting and prosecuting their rights under those laws. Regardless of which side they represent, crucial to a labor and employment attorney's practice are the skills and best practices acquired in litigating employment cases.

According to the Equal Employment Opportunity Commission, for fiscal year 2014, the agency received 88,778 charges of private sector discrimination (EEOC Charge Statistics, FY 1997 Through FY 2014). While it represented a decrease from prior fiscal years, a startling 42.8 percent of those charges alleged retaliation, the highest amount ever, according to the EEOC. In addition, employers continue to be the subject of litigation involving employment-related claims ranging from wage and hour, independent contractor misclassification, to non-compete litigation.

Practical Law has resources available to assist both plaintiff and management attorneys in litigating employment cases. The following is a selection of key content for use in various phases of litigation of these cases.

Understanding the essential elements of a legal claim:

Case assessment and preparation for employers:

Case assessment and preparation for plaintiffs' attorneys:

For use in discovery:

For use in settlement:

Find more helpful content in Practical Law's Employment Litigation: Single Plaintiff Employment Discrimination Toolkit and Preventing and Responding to an EEOC Charge Toolkit. In addition to Practical Law's Labor & Employment offerings, we offer a full spectrum of litigation materials in our Federal Litigation service.