Defending Against Frivolous Employment Claims: Assessing the Claim for Merit, Motion Practice, Sanctions and Remedies
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss defending against frivolous employee lawsuits. The panel will address how to assess whether a claim is frivolous or made in bad faith and address possible employer defense strategies including motion practice, counterclaims, and seeking sanctions under federal and state law.
Outline
- Introduction
- Determining whether a claim is frivolous or made in bad faith
- Motion practice
- Motion to dismiss for failure to state a claim under Rule 12(b)(6)
- Motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1)
- Motion to stay discovery
- Motion to strike under Rule 12(f)
- Answer and counterclaims
- Sanctions
- Rule 11
- Section 1927
- ADR and settlement: pros and cons
- Attorney's fees and costs
- State statutes and remedies
- Vexatious litigants
- Insurance considerations
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What makes an employee claim frivolous?
- Who are "vexatious litigants?" What states have laws related to vexatious litigation?
- What are an employer's options when faced with defending a frivolous claim?
- When should counsel consider moving for sanctions?
Faculty
Andrew J. (Andy) Boling
Attorney, Employment Law Chair
Kelleher + Holland
Mr. Boling represents domestic and international clients doing business in the US and around the world, especially in... | Read More
Mr. Boling represents domestic and international clients doing business in the US and around the world, especially in the areas of employment law counseling, litigation, compliance, internal investigations, and crisis counseling in emergency situations, including those arising from the COVID-19 pandemic. He counsels clients through all phases of the employment cycle, including hiring, restrictive covenants, disciplinary action, and leave management, and has substantial experience in successfully handling both large-scale reductions in force and high-profile individual employee separations.
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Arthur Rooney
Partner
Perkins Coie
Mr. Rooney’s experience includes nearly 20 years representing employers in employment and labor law matters,... | Read More
Mr. Rooney’s experience includes nearly 20 years representing employers in employment and labor law matters, particularly in class and collective actions. He works with clients in a range of industries, including technology, manufacturing, and construction, litigating cases before federal and state courts and administrative agencies throughout the U.S. Mr. Rooney has handled matters involving wage-and-hour, discrimination, and harassment issues, Fair Labor Standards Act collective actions, Fair Credit Reporting Act class actions, and trade secret and restrictive covenant matters. He possesses significant experience in opposing class certification motions, has worked directly with experts in the fields of statistics and industrial engineering in response to class motions, and has resolved class actions through negotiated settlements. Mr. Rooney also assists employers on preventive measures, including reviewing employment policies, counseling on disciplinary actions and investigations, negotiating severance and release agreements, and conducting employment practices reviews.
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Cynthia Uduebor Washington
Special Counsel
Baker Botts
Ms. Washington advises employers on a broad range of labor and employment law matters, including issues arising under... | Read More
Ms. Washington advises employers on a broad range of labor and employment law matters, including issues arising under the ADEA, ADA, FLSA, FMLA, OSHA, Title VII, USERRA, WARN, and other federal, state, and local labor and employment laws. Her practice encompasses counseling employers on personnel decisions and policy development, litigation defense and prevention, internal and governmental workplace investigations, and training on workplace law developments and compliance. Ms. Washington is a skilled litigator, with appellate, class action, and complex litigation experience and has represented clients in disputes before federal and state courts, administrative agencies, and arbitrators.
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