What to do when your former employee files a wrongful termination lawsuit

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You’ve recently let go of an employee under a circumstance that as far as you’re concerned, seems fair. However, the former employee strikes back with a wrongful termination claim and you find yourself and the company in a jeopardized position.

First things first: don’t panic. We live in such a litigious society that suing is everyone’s kneejerk reaction when something goes wrong. Here are some tips to protect yourself when such situation arises:

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The first thing to do when you receive a demand letter from your former employee is to talk to your attorney, to review the grounds of your employee’s termination. Give the attorney the complete peronnel file and any correspondence or emails of the employee. Once you and your attorney have a clear view of the facts, have your attorney draft a response letter. Take note that it is important to respond quickly once you find out that a former employee is suing. Swift action will help you cut the problem significantly, as this is the time to settle or release a statement debunking the employee’s claims. In addition to consulting your attorney, you should submit the claim to your insurance broker to determine if you have coverage. Many business policies are written to include liability on employment-related claims. If you have insurance, the carrier will pay the legal costs going forward and make decisions about how to best handle the claim.

Dan DeKoter is a partner at DeKoter, Thole, Dawson & Rockman, PLC, based in Sibley, Iowa. He attended Calvin College for his degrees in Philosophy and English. He then went to the University of Iowa for his Juris Doctorate. His general practice emphasizes civil litigation, business and employment law, and estate planning and administration. For more articles like this, visit this page.

Common defenses in product liability cases

When a customer incurs harm due to a defective or dangerous product, he or she can file a product liability case.  However, the manufacturer is not automatically obliged to compensate the plaintiff, as there are defenses against this type of lawsuit.  The common defenses in product liability claims are discussed below:

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Plaintiff was negligent:  While there are some states that hold companies liable even if plaintiff was negligent, there are some where if it is proven that the plaintiff was careless and misused the product that led to the injury, the amount of damages levied against the defendant could be reduced or eliminated altogether.

Plaintiff “assumed the risk”:  If the plaintiff was proven to have known of or voluntarily accepted that the way he or she is making use of the product may result in physical harm, the defendant has a high probability of winning the lawsuit. 

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Plaintiff significantly altered the product:  An injury that was caused by a substantial change in the product in the hands of the plaintiff is not grounds for a successful product liability claim.

The statute of limitations had expired:  The plaintiff needs to file a lawsuit within a specified time frame, depending on which state he or she is in.  Otherwise, the manufacturer could argue that the case cannot be tried due to the statute of limitations expiring.

Dan DeKoter is an “AV”-rated attorney, the highest rating determined by the premier peer review feature seen at lawyers.com. Read about Mr. DeKoter’s firm by visiting this website.

Key Steps To Take When Your Business Is Sued

No business owners want to face a lawsuit.  Litigation can hurt a company’s financial standing and industry reputation.  However, these damages can be alleviated by taking proper steps in the event of litigation:

Review the case immediately with legal counsel and hire a lawyer, if necessary.  Put your counsel in contact with your insurance broker to determine if there is coverage for the lawsuit.  provide your lawyer with all the necessary information, including documents and electronic materials, to be used to defend the business against the allegations.

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Never communicate directly with the plaintiff. Similar to what the Miranda warning states, whatever business owners say in relation to the complaint can be used against them.  The task of communicating and cooperating with the other parties should be handled by legal experts.

Inform the insurance provider about the case.  If the business is covered by insurance policies, the relevant insurance provider has to be informed promptly to preserve the coverage.

Foster a compliant atmosphere in the business.  Everyone involved in the organization should be informed to refrain from discussing topics related to the lawsuit, and to preserve all documents, whether hard copy or electronic, that might be related to the lawsuit.

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Dan DeKoter has litigated multimillion-dollar lawsuits for both plaintiffs and defendants. His areas of expertise include business and employment law, civil litigation, and estate and planning administration. Learn more about the “AV”-rated lawyer by visiting this website.

How To Report Workplace Discrimination

Some employees face different forms of unprofessional conduct or suffer harassment from co-workers. The discrimination could be based on sex, age, or race. What should be done then? File a formal complaint to the HR department? How does one deal with the backlash? Here are some tips:

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A charge of discrimination is a signed statement that asserts an organization’s engagement in employment discrimination, requesting remedial action from the Equal Employment Opportunity Commission (EEOC) or a similar state agency. There are time limits for filing a charge – the 180-calendar-day filing deadline, for instance, is extended to 300-calendar days if state or local agencies enforce a state or local law prohibiting employment discrimination on the same basis.

Complainants can visit an EEOC office after scheduling an appointment online through the EEOC Public Portal. They may submit an online inquiry and undergo an interview. Complaints can also be lodged by telephone or mail, or at a state or local Fair Employment Practice Agency (FEPA).

It also important to report discriminatory conduct to your employer, since the courts dislike having to decide disputes that could already be resolved among the litigating parties on their own. The victim should do something to make the act known to individuals who could have stopped the discrimination. .

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Employees should make employers aware of the discriminatory or harassing act, and demonstrate that they are taking the matter seriously. If they don’t receive a response from the employer, then it’s time to consider contacting the federal EEOC for further action.

Attorney Dan DeKoter is a lawyer and a partner at DeKoter, Thole, Dawson & Rockman, PLC. His general practice places emphasis on civil litigation, including personal injury, insurance defense, and business disputes, estate planning and administration, and business and employment law. Learn more about legal matters on this page.

What To Do In Case Of Wrongful Termination

Wrongful termination often occurs in both the corporate and government sectors. According to the Equal Employment Opportunity Commission, it receives hundreds of thousands of claims of wrongful dismissal every year.

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Those who feel they were fired or laid off unfairly should observe the following steps:

Keep calm: Panicking, lashing out at superiors, or ranting on the employer will only make matters worse. The recommended course of action begins with keeping calm and finding ways to vent frustrations privately.

Get legal representation: A wrongful termination case requires professional help to increase the likelihood that the fired employee receives what is due him. No single law covers wrongful termination; rather various federal and state laws deal with this legal issue. Lawyers or law firms knowledgeable in this area can also offer advice on how to continue one’s career, such as how to explain the situation to future employers.

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Dan DeKoter, whose areas of practice include business and employment law, is an 'AV' rated lawyer, the highest mark given by the premier peer review service at Lawyers.com.  More on his practice here . 

A Look Into Advanced Estate Planning And Its Advantages

Advanced estate planning is needed for individuals with largeestates that may generate estate or inheritance taxes at the state or federal level. Advanced estate planning can protect assets and perpetuate family values for the welfare of future generations.

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Estate and inheritance taxes can be reduced by gifting assets like highly appreciated stock straight to loved ones, or a charity, or into a trust for their welfare, or gifting away interests in closely held business entities like limited liability companies or corporations. By doing so, the value of the owner’s estate is reduced. When the assets or business interests are gifted properly to the beneficiaries or into a trust directly from the owner, the assets can no longer be counted in the value of the owner’s estate and used in the computation of estate tax. An experienced legal advisor can assist you in tailoring a plan suited to your family.

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Dan DeKoter is an “AV” rated lawyer, the highest rating given by the premier peer review service as seen at lawyers.com. He has litigated multi-million dollar lawsuits for both plaintiffs and defendants. Visit his firm’s website to know more about his practice areas.

Family And Asset Protection: Reasons To Have An Estate Plan

Most people plan their vacations and their dinner reservations better than the inheritance of their estate. While this latter task isn’t as fun as planning a trip for the family, estate planning should receive more attention.

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Estate planning isn’t limited to the rich. The absence of an estate plan, even in the absence of farm land, shares of stock, an expensive home, a large investment account, or valuable pieces to hand down, means that the state will provide a plan for you. This may or may not be what you want.

A common estate plan involves a living trust is a legal document that a person creates with the assistance of an attorney. In this document, a person appoints one or more trustee(s) and a beneficiary. It’s usual for the person who creates a living trust to be its trustee and beneficiary. Yet in some cases, they might choose to appoint a person or an institution to be the trustee.

A person appoints a successor trustee to take over in the occurrence of death or incapacity; a person also designates the heirs. The trust should include a provision allowing for its amendment or revocation at any time. This affords the peace of mind of having planned the designation of assets to heirs without probate.

If a person desires for their loved ones and their assets to be protected in the event of death or incapacity, an estate plan is definitely needed. Without it, those who will inherit the assets might be faced with large tax burdens, and the courts could designate how the assets will be divided.

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Dan DeKoter is an “AV” rated lawyer, the highest rating given by the premier peer review service as seen at lawyers.com. He has litigated multi-million dollar lawsuits for both plaintiffs and defendants. Visit his firm’s website for more on his practice areas.