Litigating employment cases can be expensive, time-consuming, and disruptive for employers. Fortunately, a litigation tactic known as an “offer of judgment” can lead to an early resolution of the case and reduce the costs.
Obvious as Well as Hidden Costs
Employment cases normally involve the filing of various motions, such as requests for discovery (pretrial fact-finding) and summary judgment (dismissal without a trial). Most wrongful discharge cases, for example, are discovery-intensive, involving interviewing witnesses, gathering reams of documents, conducting extensive e-discovery, and taking depositions. Drafting and arguing the motions add to the defense costs.