What to do when you get sued: A handy HR guide to litigation

Many HR professionals may relate to the “oh no, what now?” moment when they first learn an employment-related lawsuit has been filed. Although employers would prefer to avoid litigation entirely, it’s important for HR departments to have systems in place to assist with prelitigation and discovery needs.

The litigation process can be separated into four basic stages—pre-suit investigation and pleadings stage, discovery (exchange of evidence), trial or settlement, and posttrial enforcement or appeal. This article focuses on the first two steps. Keep this article handy as a quick reference guide when a lawsuit is filed or as a framework for your organization’s own litigation check list.

Step 1: Pleadings stage

Litigation begins with the pleadings, which are formal documents stating each of the party’s basic propositions. In an employment suit, the employee or former employee would start by filing a complaint, informing the employer what the dispute is about and what damages they’re seeking. Filing a complaint then triggers an obligation on the part of the employer to respond with its legal “answer” or “motion to dismiss.”

If your organization is served with a summons and a complaint, your first steps should be: