Employment Litigation Defense Attorneys
When an employment dispute moves from a demand letter to a lawsuit, the dynamic changes
entirely. You are no longer managing a workplace situation; you are defending your business in
court. The decisions made in the first weeks of litigation, what to preserve, what to say, how to
frame your defense, can determine the outcome of the entire case.
At Kelleher + Holland, our employment litigation attorneys represent employers in state and
federal court, in arbitration, and before administrative agencies. We combine the strategic
discipline of experienced litigators with deep employment law knowledge to build the strongest
possible defense for your business.
Our Employment Litigation Services
Employers face an expanding landscape of employment claims. We defend businesses against:
• Wrongful Termination Claims: Including claims of discriminatory discharge, retaliatory
termination, violations of public policy, and implied contract claims
• Discrimination Claims: Race, sex, age, religion, national origin, disability, and other protected
class claims under Title VII, the ADEA, the ADA, and applicable state equivalents
• Harassment and Hostile Work Environment Claims: Sexual harassment, supervisor
harassment, and co-worker conduct claims
• Retaliation Claims: Claims that an employee was terminated, demoted, or subjected to
adverse action for reporting discrimination, filing a worker’s compensation claim, taking
protected leave, or engaging in other protected activity
• Wage and Hour Litigation: Collective and class action claims for unpaid overtime, minimum
wage violations, misclassification of exempt status, and off-the-clock work
• Breach of Employment Contract Claims: Disputes arising from alleged violations of written or
implied employment agreements
• Non-Compete and Trade Secret Disputes: Claims involving the breach of restrictive
covenants, misappropriation of trade secrets, and unfair competition by former employees
• Whistleblower Claims: Under federal and state whistleblower protection statutes
• FMLA and Leave-Related Claims: Claims of interference with or retaliation for the exercise of
protected leave rights
Our Employment Litigation Process
Strong employment litigation defense begins long before trial. Our approach includes:
Early Case Assessment. We analyze the claim, the employment record, and the applicable law
from the outset to give you an honest, strategic assessment of your exposure and your options.
We tell you what we think, not what you want to hear.
Preservation and Discovery. The moment litigation is threatened or commenced, a legal hold
must be implemented to preserve relevant documents, communications, and electronic records.
We guide you through this process immediately and manage discovery to minimize disruption to
your operations while building your defense.
Motion Practice. Many employment claims can be resolved before trial through dispositive
motions. We are experienced in moving for summary judgment and dismissal, and we know
how to structure a record to support those motions from the earliest stages of the case.
Settlement Strategy. Most employment cases resolve before trial. We advise on settlement
strategy with a clear eye toward your business interests, litigation risk, and the true cost of
continued defense. Settlement is sometimes the right answer; sometimes it is not. We will tell
you which is which.
Trial Representation. When a case needs to go to trial, we are ready. Our litigators are
experienced in jury trials, bench trials, and arbitration proceedings, and they understand how to
present an employer's position compellingly to a judge or jury.
Defending Claims in Federal and State Court
Employment claims can be filed in federal court under federal statutes, in state court under state
employment laws, or in both simultaneously. Illinois, Florida, and most other states in which we
practice have their own employment discrimination and wage laws that parallel or exceed
federal protections.
Our attorneys are admitted in federal and state courts across our licensed jurisdictions and are
familiar with the procedural and substantive law in each forum.
The Connection Between Litigation and Prevention
Every time we defend an employment case, we take note of what could have been done
differently: a clearer policy, better documentation, a different approach to a termination. We
bring those lessons back to our clients as proactive compliance guidance, because the best
employment litigation win is the one you never have to fight.
If your business does not currently have strong employment policies, documentation practices,
and training programs in place, let us help you build them before a claim arises.
Defense Starts Now
If your business is facing an employment claim or lawsuit, time matters. Early strategic
decisions shape everything that follows. Schedule a consultation by filling out the form at the bottom of this page.
Frequently Asked Questions About Employment Litigation
Q: What is the first thing I should do when an employee files a lawsuit against my company?
A: Contact legal counsel immediately. Do not respond to the complaint, communicate with the
former employee, or destroy any documents without legal guidance. The first steps in litigation,
including implementing a litigation hold, preserving records, and evaluating your response
strategy, are critical and time-sensitive.
Q: How long does employment litigation typically take?
A: Employment cases in state or federal court commonly take one to three years from filing to
resolution, depending on the complexity of the claims, the court's docket, and whether the case
settles. Many cases resolve through mediation or settlement before trial. Cases that proceed to
trial are a smaller fraction, but they do occur, and preparation throughout the process is what
makes trial readiness possible.
Q: What is a class action in employment litigation, and should I be concerned?
A: A class action allows a group of similarly situated employees to sue an employer collectively,
typically in wage and hour cases involving overtime or misclassification. Class actions
dramatically increase the stakes and the cost of defense. If you receive a class action complaint
or threat, treating it as a high-priority matter from day one is essential.
Q: Can employment claims be arbitrated instead of litigated in court?
A: Yes, if you have a valid arbitration agreement with the employee. Well-drafted arbitration
agreements can require employment disputes to be resolved in private arbitration rather than
public court proceedings. We draft and review arbitration agreements and represent employers
in arbitration proceedings.
Q: What damages can employees recover in employment litigation?
A: Depending on the claims and the forum, employees may recover back pay, front pay,
compensatory damages for emotional distress, punitive damages (in some cases), and
attorney's fees. In wage and hour class actions, liquidated damages can double the unpaid
wages owed. Understanding the damages landscape for each type of claim shapes the entire
litigation and settlement strategy.