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Why employers should have litigation readiness plans

Ideally, the relationship between a supervisor and a subordinate will be harmonious and productive. Both parties will respect and like working together, and their respective work product will show it. However, this ideal relationship may not be what is currently being experienced between an employee and their supervisor (or the employee and the company for that matter).

When an employee's conduct is detrimental to the office's culture and well-being of other employee, an employer is justified in taking action. Perhaps there is a write-up of the incident; or the employee may be suspended for a number of days. Ultimately, if the infraction(s) are severe and continuing, the employee may be terminated. 

In these instances, disgruntled employees may want to bring suit against their employer; either for wrongful termination or some form of discrimination. When this occurs, it is important for an employer to have a litigation readiness plan.

Such a plan involves a number of steps to ensure that proper documents are preserved as they may be relevant in litigation. Also, electronic files must be protected from being lost or unintentionally deleted before discovery can be commenced. Further, schedules must be matched so that any principals of the company with relevant information may meet with lawyers to determine what information would be necessary in defending claims against the company and who would be helpful in providing testimony.

Litigation readiness plans vary from company to company, and they may also be tailored to different legal issues. To know what type of plan is right for you, an experienced employment law attorney can help. 

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