Settling Disputes » Employment Litigation
Litigation is the term used to describe the process which takes place when a dispute turns into a lawsuit. The employment litigation process usually begins with the filing of a "complaint" with the Court by an employee against their employer or former employer. The complaint is then served on the employer after which the parties begin a process called "discovery" during which they obtain documents from each other, subpoena witnesses and take depositions. A trial date is then set by the court, and a judge is assigned to the case. Generally two to three years after the lawsuit is filed, the case goes to trial.
Throughout the litigation process the parties, often with help from the court or a mediator, look at the issues to determine if a settlement can be reached without a trial. Trials are risky for both sides, and the litigation process can be very expensive for both. For those reasons, most cases are eventually settled before trial.
Our firm has been very successful in employment litigation. We have achieved the largest employment verdict in the history of the State of Hawaii, $3,025,000.00 for a whistleblower who was wrongfully terminated, and the largest employment discrimination verdict, $1,800,000.00 for an employee who was fired because of her gender and age. Litigation is a long and difficult road. Before proceeding on it, you need a law firm representing you that is committed and experienced. If you do have an employment issue that may result in litigation please call our firm for a case review.