Can a new employer seek declaratory relief from a former employee?

The new employer may seek declaratory relief that its employment of the employee will not constitute tortious interference with the former employer’s contractual relations with its former employee. Inthis situation, declaratoryrelief is an appropriate remedy.

What causes an employee to file a lawsuit?

Typically these claims are groundless but there are many reasons that an employee can fall back on to put together a lawsuit such as discrimination, harassment, wage and hour violations, unsafe work conditions, worker’s compensation claims and so on.

Can a company defend itself against a class action lawsuit?

Inexperience of the plaintiff’s counsel may enable a company to mount a defense to the lawsuit on the basis of inadequacy of counsel. Kenneth E. Payson, partner at Heller Ehrman, emphasizes this point. “Study who the plaintiff’s counsel is, because it is essential.

Can a company defend itself against a complaint?

You can have the best policies and training in the world – and indeed some companies have used that as a defense against a complaint. But you better be able to show that your supervisors followed those policies and applied the training.

Can a former employee be represented by an attorney?

Former employees need to be clear about the attorney’s objective in speaking with them, which should be obtaining information that the former employee possesses as a result of their employment, and that the attorney represents the corporation, and not the former employee.

Can a former employee claim attorney client privilege?

Cendant Corp., the court was asked “whether, under federal law, counsel for an employer can claim a privilege as to its attorney’s communications in preparing an unrepresented former employee for deposition by opposing counsel, and/or such attorney’s communications during the deposition about her testimony in that deposition.” Peralta v.