Employment Litigation: Counterclaims Against Employees | Practical Law
This Note highlights the key issues employers should consider before asserting counterclaims against their current or former employees. This Note discusses commonly asserted claims, jurisdictional considerations, and the potential benefits and drawbacks of asserting counterclaims, including the risks to employers that counterclaims may be construed as retaliatory conduct. This Note addresses federal law and primarily applies to single plaintiff employment disputes, but is helpful to any employers considering bringing counterclaims against their employees or former employees.