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What should a business owner in Florida do if they are facing a lawsuit from a former employee for wrongful termination?

Picture of Chris Battis By   ·  1 minute read

As a lawyer, my advice to a business owner in Florida facing a lawsuit from a former employee for wrongful termination would be as follows:

  1. Review the Employee's Contract: The first step would be to review the employee's contract to ensure that the termination was lawful and in compliance with the terms of the contract. The contract will also contain provisions about dispute resolution procedures, including whether or not arbitration is mandatory.
  2. Consult with an Attorney: It is highly recommended to consult with an experienced employment attorney in Florida. An attorney can review all the facts of the case and provide legal advice on your situation. The attorney will also represent you in court and help you to build a strong defense.
  3. Preserve Documents: In order to build a strong defense, it is essential to preserve all relevant documents related to the termination such as termination letters, performance evaluations, and any relevant correspondence related to the termination. It is important to note that destroying or altering any evidence can have serious consequences.
  4. Prepare for the Lawsuit: If the former employee has filed a complaint against your business, then it is time to prepare for the lawsuit. Your attorney will help you to draft and file the appropriate legal response (such as a motion to dismiss, an answer or a counterclaim), and prepare for the discovery process which will include requests for documents, depositions and other related procedures.
  5. Attend Mediation Sessions or Settlement Negotiations: Mediation, which is an informal, out-of-court process that is intended to resolve disputes, can be beneficial in resolving the matter without going to trial by reaching a settlement agreement. An experienced attorney can help you with the process.

In conclusion, every case is unique and requires legal advice tailored to your specific situation. Working closely with an experienced attorney in Florida will help you to navigate this complex process, protect your business and defend your rights.