In Part I of this article (June 13), I discussed the top mistakes that employers make that motivate employees to call a plaintiffs lawyer. In this article, I will provide my thoughts on the top mistakes employers make in litigation. These mistakes increase the cost of litigation, create litigation where none should exist, and ultimately affect the outcome of the case, often in favor of the plaintiff.
1. Rethink Arbitration
There is a little-known secret that most plaintiff lawyers are not telling you and some may not even know: arbitration is often helpful to our clients—and even more so in cases where compensatory damages are not provided, such as overtime, age and FMLA cases.
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