The Steps That Precede Labor Litigation

If you're preparing to pursue labor litigation or concerned that you need to have it on the table as an option, it's important to understand the steps that lead up to filing a lawsuit. This article looks at what a labor litigation services firm wants to see from its clients before they take the leap and sue.

Documentation of Complaints

When folks end up in court, one of the first thing a judge will want to know is that they've documented the problems they're worried about. This means making every effort to save and print out emails and texts. It also means logging when complaints were submitted, including showing copies of the letters that were sent and any following correspondence.

In other words, you need to be able to lay the bag of snakes out straight, and that starts with simply keeping tabs on all the available documentation. From the moment you think there's even a chance a lawsuit might come from it, you need to be documenting what's going on in a labor dispute.

Don't worry if there are a few holes in the documentation early on. The important thing is for the big picture to come together. It may be possible to file discovery requests at a later time to fill in some of the holes in the documentation by getting items from the other side.

Proof of Exhaustion of Resolution Options

The second question the court is going to have when you present a suit is, "Have you exhausted the available options for resolving the matter?" If there is a dispute resolution process built into a labor contractor, for example, you need to be able to show that you've followed it. There also needs to be evidence that you've made a good-faith effort to resolve things.

If you haven't proven exhaustion, that's not necessarily the end. A judge who wants to see more effort may choose to dismiss the suit without prejudice, meaning the court is willing to hear about the case at a later date when the matter has become ripe for review.

Informing Appropriate Authorities

The nature of the complaint will dictate which agency you should inform about the situation. For example, an occupational safety issue should be taken up with OSHA. In many cases, you may only sue once the agency has rendered a decision or failed to render one in the required time period.

Contact a labor litigation service to learn more.

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