Employment law
, a subcategory of civil law, handles labor disputes arising between employers and employees among other types of employment issues and standards. When a dispute cannot be resolved agreeably by both parties, then you must litigate in court.There are state and federal rules of civil procedure that courts adhere to. California has its civil procedure systems codified in statutory law, unlike most other states. Motions may be used during employment litigation in order to request the court to rule on the labor dispute, before a trial is ordained.
The three most common litigation procedures used by attorneys in labor and employment law cases are:
A motion for summary judgment is asking the court to make a decision on the case without a full trial and dismiss the case or decide on one or more causes of action before trial. A civil attorney may make a motion for summary judgment to the court when no material facts exist, but rather only legal arguments, or when the employment case is very one-sided. California employment law allows for a motion for summary judgment and a motion for summary adjudication often accompanies it. A motion for summary adjudication is asking a claim for damages, including punitive damages. A motion for summary adjudication has been very recently amended and allows for a "claim for damages other than punitive damages that does not completely dispose of a cause for action, an affirmative defense, or an issue of duty." If the court grants the motion for summary adjudication certain claims or defenses are decided on by the judge and resolved before trial.
The defendant or the plaintiff can ask the court to issue a motion for protective orders to protect the confidentiality of information. A protective order assures trade secrets, customer lists, or other confidential or personally identifiable information is concealed.
Knowing when to litigate in an employment law case is just as important as knowing how. A good attorney will inform the client of the civil litigation process and a realistic outcome. Litigation can take little time or a vast amount of time depending on the circumstances of your case. An attorney will be able to give you the best assessment of your options and give you advice on the best legal action to take, if in fact your employment case merits it. Also, know that not all labor and employment disputes can immediately begin with a lawsuit; some may be required to be presented to a government agency first.
, a subcategory of civil law, handles labor disputes arising between employers and employees among other types of employment issues and standards. When a dispute cannot be resolved agreeably by both parties, then you must litigate in court.There are state and federal rules of civil procedure that courts adhere to. California has its civil procedure systems codified in statutory law, unlike most other states. Motions may be used during employment litigation in order to request the court to rule on the labor dispute, before a trial is ordained.
The three most common litigation procedures used by attorneys in labor and employment law cases are:
- Motion to Dismiss
- Motions for Summary Judgment
- Motions for Protective Orders
A motion for summary judgment is asking the court to make a decision on the case without a full trial and dismiss the case or decide on one or more causes of action before trial. A civil attorney may make a motion for summary judgment to the court when no material facts exist, but rather only legal arguments, or when the employment case is very one-sided. California employment law allows for a motion for summary judgment and a motion for summary adjudication often accompanies it. A motion for summary adjudication is asking a claim for damages, including punitive damages. A motion for summary adjudication has been very recently amended and allows for a "claim for damages other than punitive damages that does not completely dispose of a cause for action, an affirmative defense, or an issue of duty." If the court grants the motion for summary adjudication certain claims or defenses are decided on by the judge and resolved before trial.
The defendant or the plaintiff can ask the court to issue a motion for protective orders to protect the confidentiality of information. A protective order assures trade secrets, customer lists, or other confidential or personally identifiable information is concealed.
Knowing when to litigate in an employment law case is just as important as knowing how. A good attorney will inform the client of the civil litigation process and a realistic outcome. Litigation can take little time or a vast amount of time depending on the circumstances of your case. An attorney will be able to give you the best assessment of your options and give you advice on the best legal action to take, if in fact your employment case merits it. Also, know that not all labor and employment disputes can immediately begin with a lawsuit; some may be required to be presented to a government agency first.
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