Employment Litigation

At Joshi, our team has represented employers and employees in employment cases including sexual harassment, hostile work environment, wrongful discharge, unpaid or illegally withheld compensation, race discrimination, and retaliation. Although we are proud of our trial skills, our primary goal is to dispose of cases by dispositive motion. We also recognize that sometimes our clients' best interests are served by settling cases, and our ready-for-trial approach in employment cases enables us to reach favorable settlements for our clients.

Our team also handles all forms of employment-related litigation, including cases involving ERISA fiduciary duties, executive termination, employment discrimination, employee fraud, restrictive non-compete and covenant agreements, and unpaid compensation.

High-stakes employment litigation requires skill, sophistication and a thorough understanding of the business, place of employment, workplace culture, and employer-employee relationships. In many cases, we have been able to negotiate complex but practical settlements that avoid unnecessary litigation costs while protecting reputation of the businesses and individuals and with an eye towards mending business relationships between parties.

In addition to litigation, our team is often engaged as "shadow counsel" and/or to perform discreet investigations and provide guidance regarding employer or employee misconduct and fraud.

Our Approach Is Different

Employment litigation is often very complex. You want a team that understands the nuances of the lawsuit you want to file (or defend against, as the case may be), what needs to happen to prove your case or defend against one, and last but not least, at what cost — not just economic, but also reputational. One of the first things we will do, before ever filing a lawsuit or defending against one, is review your case and meet with you to discuss the strengths and weaknesses of your case. This process allows us to better understand you, your case, and how to best resolve the situation in a cost-effective manner. We do not believe winning at all costs; we believe in winning with calculated costs.

We Are Goal Oriented

Joshi talks with its clients about the ultimate goal for a civil litigation: Is it to file a lawsuit as a wronged employee and collect every penny you deserve? Is it to defend against a baseless employment lawsuit and not pay out a cent? Is it to re-negotiate a restrictive covenant employment agreement or enforce a non-compete clause against a key employee? Or is it to come to a quick and efficient settlement that resolves the issue without going through costly discovery process? Whatever your goal is, our team at Joshi can work with you to develop a plan to meet it.

We Work to Resolve Cases as Effectively as at Trial

The vast majority of employment cases never get to a trial — they are dismissed, mediated or otherwise settled well before the evidence is put to a jury. With more and more courts ordering mandatory case evaluation and/or mediation before trial, this trend only looks to continue.

Joshi is well aware of this reality and works to put your case in the best position possible to obtain a favorable result before trial. This can include taking strategic steps such as sending a letter to a potential defendant before a lawsuit is filed, taking necessary depositions, conducting carefully planned discovery, or filing pre-trial motions with the court — always with a calculated eye towards putting your case in a best possible position to obtain a favorable result at a case evaluation and/or mediation. Our approach is not only efficient and vastly improves chances of settlement for our clients, more importantly, if the case does end up in a trial, our team, having done its homework in the first round, is better prepared to try the case in an efficient and effective manner.

You Don't Want Just Any Attorney

Employment litigation is financially and emotionally taxing — especially if you are a defendant and had no choice about being sued! You want to hire an attorney that is:

  • Available to you when you need them, whether by phone, email or in person, to answer your questions promptly
  • Willing to keep you advised as to the status of your case. We pride ourselves in regularly speaking with our clients so they know exactly where they stand
  • Knowledgeable about the law you are dealing with — and what evidence it takes to win
  • Familiar and capable of working with (and cross-examining) expert witnesses. Many civil cases turn on expert testimony for things such as standard of care, business practices and financial damages
  • Comfortable in a courtroom and in front of a jury — after all, these are the people deciding your case and they have to trust you and your attorney
  • Able to negotiate with the other side, when necessary, to obtain favorable settlements

When your business, career, reputation, job security and/or financial future is at stake, you need an attorney that you can trust to do the job right. Joshi will be in your corner every step of the way. Call or email us today.