The FairLaw Firm devotes a portion of its practice to counseling and representing employers. With extensive trial and litigation experience, the FairLaw Firm has experience in assisting employers in litigation avoidance such as handbooks, policy manuals, and counseling as well as in litigation matters. The FairLaw Firm’s experience in representing hundreds of employees has allowed it to gain unparalleled insight into the “other side” of the equation. The recent events involving COVID-19 bring with them a new and evolving legal landscape.

We are responsive to each client and maintain an ongoing dialogue to ensure that you are aware of the status the matter for which you hired FairLaw Firm. While we always prefer to give “good news”, the FairLaw Firm will not avoid telling you the “bad news”. We will discuss with you the different options, and then allow you to make the decision as to how to proceed based on a thorough discussion that includes our recommendation(s).

In contested matters, employers will ask if they can “win the case”. This is an interesting question, because it requires the client to first determine what it considers to be a “win”. If the client’s goal is to do just that – and obtain a decision by a court or a verdict by the jury in its favor, then the approach to take is often expensive and time consuming. An example of this is a case in which an employee demands $15,000, and the employers spends $25,000 to ultimately recover a judgment in its favor. While the client spent more to defend the case than settled, the employer may be more concerned with sending a message to other employees that their claims will be hard-fought or out of a need to prove that it did nothing wrong for other reasons (such as regulatory or reporting reasons). If, however, the client’s goal is to minimize the out-of-pocket costs – which would include attorneys’ fees, costs, and any amount paid in settlement – then the employer/client may consider that outcome to be a “win”. An example of this would be when the same employee demands $15,000, and the employer settles the matter out of court for $8,000.

The FairLaw Firm’s litigation avoidance practice is also guided by client needs and direction, and allows clients to design the extent to which they would like to govern their employment practices through documents specifically tailored to their needs. Some employers are specifically concerned with maintaining confidentiality over certain aspects of their business practices, others are concerned about preventing former employees from competing with them, and other clients want to place an emphasis on incentivizing loyal employees.

The FairLaw Firm approaches each situation for each client differently, due to the needs, expectations, and budget of each client in each matter. While some clients have endless resources and are not shy about utilizing those resources, other clients have tighter budgets and seek to have more direction in how a claim is defended. Contact FairLaw Firm to see how we can tailor our services to your business’ ever-changing needs in these most unusual times.

Contact FairLaw Firm today for a confididential initial consultation. While we will take your information by phone or email, we often charge a consultation fee for new matters for employers.