Labor & Employment Litigation

Employment cases are unique because jurors’ personal experiences and predispositions are more central to decision making than in other types of litigation. Most jurors will likely have seen some kind of discrimination or harassment on the job. They have deep-seated opinions on how often discrimination, harassment, retaliation, etc. happen, how often these incidents are actually reported, and what employers should do about it.

Jurors in labor and employment cases:

1. Expect a company to follow its own internal rules scrupulously.

Jurors are eager to enforce the company’s own rules. Related to this, jurors expect consistency among employees. If the employer gives one employee a break, give all employees the same break.

2. Have worked, so most jurors have strong opinions about employment cases.

Fueled by rising distrust in corporations and corporate executives, jurors find it reasonable to blame employers for the actions of employees. They are especially angry when large corporations don’t react when they hear someone is doing something wrong.

3. Hate the idea of employment at will.

Jurors believe employers have to have compelling reasons for firing someone, and the reasons had better be accurately documented. Jurors expect reasons because it is too scary to think that any of us could be unemployed tomorrow for no reason.

Jurors expect the employer to give the employee a warning and a second chance. They look at the employment at-will law and say, “Okay, but employers have to do this and this and this first. You can’t just fire someone.”

4. Scrutinize the plaintiff for blame.

Now more than ever, jurors feel the world does not owe anyone a living. Many jurors are suspicious that some employment lawsuits are the fiction of unscrupulous employees. They look for clues to explain the “real” motives behind a firing or a complaint. Any hint of malingering is taken very seriously. After being let go, what does an employee do to get a new job?

For these reasons, jurors’ reactions to the facts are difficult to anticipate. How will jurors evaluate the facts of your case based on what they call normal? With our collection of research data gathered from work on over 100 employment cases, we can incorporate past knowledge and test new ideas to help develop case arguments that will provide a clear and concise message to your jurors.