How to Handle Being Sued by an Employee
For many employers, few things are more stressful than learning that an employee has filed a lawsuit. Whether the claim involves discrimination, retaliation, unpaid wages, or breach of contract, the experience can feel overwhelming. How you respond in those first few days can make a significant difference in the outcome of the case. Staying calm, organized, and proactive will help protect your business and demonstrate professionalism throughout the legal process.
Step One: Review the Lawsuit Carefully
The first step is to review the complaint or lawsuit thoroughly to understand what type of claim has been filed. Employee lawsuits may allege wrongful termination, discrimination, harassment, retaliation, unpaid wages, or violations of workplace policies. Some may involve breach of contract or non-compete agreements.
Each type of claim carries different legal implications, deadlines, and defenses. Review the details carefully to identify who is being named as a defendant—whether it’s your business, a specific manager, or both—and what damages or remedies the employee is seeking. Do not attempt to contact the employee directly about the case or discuss the lawsuit with coworkers, as this could complicate your defense.
Step Two: Contact an Employment Attorney Immediately
Once you receive notice of a lawsuit, contact an experienced employment attorney as soon as possible. In Florida, businesses generally cannot represent themselves in court. An attorney can quickly assess the claim, explain your legal obligations, and file a timely response.
Early legal intervention is crucial. Missing a response deadline or filing an incomplete answer can result in a default judgment against your company. Your attorney will also begin gathering relevant documents—such as personnel files, emails, company policies, and witness statements—to build a defense strategy tailored to your case.
If the lawsuit involves complex issues like wage and hour violations, discrimination, or whistleblower retaliation, a board-certified employment lawyer—such as those at Scott Law Team—can provide the specialized representation you need.
Step Three: Stay Calm and Professional
It’s natural to feel frustrated or defensive when your company is sued, especially if you believe the claims are unfounded. However, maintaining composure is essential. How you react internally will influence how your leadership team and other employees handle the situation. Avoid assigning blame or discussing the case publicly.
Communicate with your management team privately and professionally about what has happened and who will handle specific responsibilities. Reassure your staff that the company is taking appropriate steps and that business operations will continue as usual. Staying level-headed demonstrates strong leadership and protects your company’s reputation.
Step Four: Preserve All Relevant Evidence
Once a lawsuit has been filed, employers have a legal obligation to preserve all evidence that might relate to the claim. This includes employee files, emails, performance evaluations, and any written or digital communications between the parties. Deleting or destroying information—even unintentionally—can have serious legal consequences.
Your attorney can help you implement a “litigation hold,” a process that ensures all potentially relevant data is secured and maintained. This step helps establish credibility and prevents allegations of evidence tampering or spoliation.
Step Five: Develop a Response Strategy with Your Attorney
After reviewing the facts, your attorney will work with you to decide the best course of action. In some cases, mediation or settlement discussions may be appropriate to resolve the matter quickly and minimize costs. In others, it may be best to contest the claims through litigation.
Your lawyer will also help you understand what the lawsuit could mean for your business moving forward—such as policy changes, training updates, or risk management improvements to prevent future claims.
Step Six: Learn from the Experience
While being sued by an employee is undoubtedly challenging, it can also serve as an opportunity to strengthen your company’s policies and procedures. Use this time to review your employee handbook, disciplinary protocols, training programs, and internal complaint procedures.
Working with an employment attorney to update your HR practices can help reduce the likelihood of future disputes and demonstrate to your team that you value fairness, transparency, and legal compliance in the workplace.
Legal Support for Employers in Florida
If your business has been sued by a current or former employee, don’t wait to seek legal guidance. The sooner you act, the better your chances of achieving a favorable outcome.
At Scott Law Team, our Florida employment attorneys represent employers in all types of workplace disputes, from discrimination and retaliation claims to contract and wage-related matters. We understand the stress that comes with being sued and work diligently to protect your company’s interests at every stage of the process.
Contact Scott Law Team today to schedule a confidential consultation and learn how our experienced legal team can help you navigate the complexities of an employee lawsuit with confidence.
