Farhad Novian | May 23, 2024 | Employment Law

In employment law, a legal defense is the evidence an employer uses to refute claims made by employees or government agencies. These defenses can be procedural, where the employer might challenge the way a claim was filed, or substantive, addressing the merits of the claim itself. 

Legal defenses serve as a safeguard against claims that could lead to costly litigation, damage to reputation, or financial losses. These defenses can address a wide range of issues, from wrongful termination claims to allegations of discrimination.

Whether you’re drafting employee policies or facing a legal defense case, our expert employer defense attorneys at Novian & Novian can help you. Don’t navigate the complexities of employment law alone. Schedule a free consultation with us today.

In this blog, we will talk about legal defense by exploring the types of legal defense available for employers and how long a legal defense case lasts. 

What is a Legal Defense?

A legal defense is a strategy or set of strategies used by defendants in criminal or civil proceedings to challenge, justify, or explain their actions in response to charges or claims made against them. Legal defenses can vary widely, from asserting that the defendant did not commit the act (denial of the criminal act) to claiming that the act was justified (such as self-defense or necessity defense).

The cost of a legal defense varies. Based on the complexity of the case, the attorney’s expertise, and the jurisdiction. The average cost to defend an employment lawsuit is around $75,000. The cost covers the attorney hours, expert testimony, and other legal resources and expenses. 

Criminal Defense vs Business Defense

Major criminal law defenses involve representing individuals or entities accused of committing a crime. A criminal defense attorney aims to ensure that the defendant’s constitutional rights are upheld throughout the legal process. However, business defense, especially employer defense, deals with protecting companies from legal claims typically related to employment practices. This might include defending against allegations of wrongful termination, discrimination, or breach of contract. 

At Novian & Novian, we have more than 30 years of experience specializing in employer defense. Our employer defense attorneys in Los Angeles are on a mission to help employers navigate accusations that can threaten a company’s operations and reputation. 

While both areas of defense require a deep understanding of the law, strategic evidence gathering, and expert testimony, they differ in their implications and outcomes. Criminal defenses often deal with the potential for incarceration and personal consequences for the defendant. In contrast, business defenses, especially employer defenses, typically focus on financial impacts, reputational harm, and the continuity of business operations.

How Long Does a Legal Defense Case Take?

The duration of a legal defense case varies due to several factors. These factors include the complexity of the case, the jurisdiction, the court’s schedule, and the specifics of the legal issues involved. 

Initially, there should be a lawyer’s initial assessment of your case. This typically occurs during the first few meetings where they review the facts, evaluate the evidence, and determine the applicable legal defenses. This initial review can take anywhere from a few hours to several weeks, depending on the complexity of the case and the amount of information that needs to be reviewed. It may take longer for more complex cases such as those involving a criminal offense or more significant harm.

Additionally, the time it takes to get a case in front of a court also varies. After filing a lawsuit or being charged, preliminary hearings or initial motions might be scheduled within a few weeks or months. However, it can take much longer to actually get to trial. It is often between several months to over a year. Factors that determine the timing include court backlog, the complexity of the case, and procedural delays. 

Furthermore, it is best to keep in mind that settlement negotiations can occur at any stage of a case and might conclude in a matter of weeks or extend over several months or even years. In cases involving criminal intent or significant damages, negotiations may be more prolonged as both sides assess the strengths and weaknesses of their positions. For example, if a defendant asserts an insanity defense or the victim consented, this can complicate negotiations and extend the duration.

Once a case goes to trial, the length of court proceedings also varies. A simple case might last a few days, while a complex case with multiple defendants, a raft of criminal charges, or extensive expert testimony could last for weeks or months. Factors such as the availability of the jury, the necessity of detailed jury instruction, and the need to establish beyond a reasonable doubt in criminal cases can all influence the length of the trial.

Types of Legal Defenses Available to Employers

For employers, there are two options when it comes to legal defenses. It could be preventive legal defenses or reactive legal defenses. Preventive defenses are steps you take to avoid a legal defense case, while reactive defenses are measures you take after you’re involved in a legal defense case.

Preventive Legal Defenses

Preventive legal defenses involve taking proactive steps to mitigate risks before they manifest into legal challenges. This includes implementing detailed employee handbooks, conducting regular compliance training, and establishing clear workplace policies. Such measures are necessary as they not only inform employees of their rights and responsibilities but also provide a standardized approach to handling issues like disciplinary actions and grievances.

By creating and enforcing well-documented policies, employers can prevent many legal issues from arising. These policies serve as a first line of defense by ensuring that there is no ambiguity in expectations and procedures. They also help in establishing a workplace that operates within the legal frameworks. Thus, reducing the risk of violations related to employment laws.

Reactive Legal Defenses

When faced with legal claims such as wrongful termination or discrimination allegations, employers need to switch to reactive legal defenses. Reactive legal strategies involve presenting evidence that the employer acted in compliance with applicable laws, or that the decisions made were for legitimate, non-discriminatory business reasons.

In such situations, a defense lawyer helps to defend the employer’s actions in court or settlement discussions and advises on the best course of action based on the specific circumstances of the case. Defense attorneys know how to poke holes in the prosecution’s case, utilize expert testimony, and ensure that the employer’s constitutional rights are not violated.

The backbone of both preventive and reactive legal defenses is a deep understanding of compliance and laws that regulate employer activities. This includes federal laws like the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Civil Rights Act, etc.

Common Legal Issues Faced by Employers

As an employer, you are bound to face a number of unforeseen legal issues. However, it should not be an issue if you work with expert guidance from experts at Novian & Novian. With over 30 years of experience in employment law, we have helped many employers navigate these employment challenges, minimizing both legal risks and potential damages to their business.

Keep in mind that if not properly handled, legal issues can lead to substantial financial costs, damage to reputation, and operational disruptions. Therefore, proactive legal defense and compliance are essential in mitigating these risks. They ensure that businesses can continue to operate without the overhang of potential legal troubles.

Some common legal issues faced by employers are:

Discrimination Claims

When facing a discrimination claim, employers must respond promptly and effectively. The process typically involves an internal investigation to gather facts, followed by possibly engaging a workplace discrimination defense attorney.

The defense against discrimination claims involves legal fees, court costs, settlements, and judgment costs. All these can impact an employer’s finances. On average, defending against such claims can be a lengthy and costly endeavor, often taking months or even years depending on the complexity of the case, and accumulating up to $75,000.

For discrimination claims, employers might face claims based on race, gender, age, disability, and other protected categories. Legal precedents provide a framework for defense strategies, emphasizing the importance of consistent and fair employment practices.

To stay compliant, employers should regularly review and update their policies and training programs to align with current laws and regulations. This proactive approach not only helps in defending against claims but also in preventing them.

Harassment Allegations

Harassment in the workplace encompasses a range of behaviors that can create a hostile work environment. These include slurs, cyberbullying, sexual harassment, sexual assault, name-calling, verbal abuse, etc. 

Defense strategies for harassment allegations typically involve internal investigations to establish the facts. These internal investigations could be asking employees for more context surrounding the claim, and could take a few weeks to carry out, followed by appropriate legal actions if necessary.

Wrongful Termination

Wrongful termination claims allege that an employee was terminated for illegal reasons. Typically, the wrongful termination statute of limitations in California is there to protect employees. It means that terminations must not violate federal or state anti-discrimination laws, retaliation laws, or breach the terms of an employment contract.

Employers must engage the services of a California wrongful termination defense lawyer to defend these claims by demonstrating beyond a reasonable doubt and giving affirmative defenses that the defendant committed the termination accusation based on legitimate business reasons and was carried out in accordance with the law.

Defending against wrongful termination can be costly and time-consuming. It could take months to one year to finalize. A wrongful termination case ranges between $5,000 to $40,000. It varies depending on lost wages and benefits, emotional distress, legal costs, etc.

Wage and Hour Claims

California wage and hour laws are defined by the California Labor Code, and set the standards for minimum wage, overtime pay, rest breaks, etc. Wage and hour law claims involve disputes over pay, overtime, and other compensation issues. There are multiple factors that can influence the cost of defending these claims, such as the complexity of the case or the attorney fees, and they can take anywhere from several months to several years to be resolved.

The statute of limitations for wage and hour claims in California varies; however, the claim must be filed within one to four years.

Employers must navigate complex state and federal regulations to defend these claims effectively. This is why hiring the services of a California employer defense attorney for wage and hour claims is necessary.

Types of Legal Defenses Available to Plaintiffs

In legal disputes, both defendants and plaintiffs have specific strategies they can use to argue their case. Typically, defendants use legal defenses to counter and prove their innocence or justify their actions. However, plaintiffs also have sets of defenses to uphold their claims and ensure that justice is served in their favor.

Plaintiffs can file counterclaims against the defendant, asserting their own legal action as part of their defense strategy. This is common in contract disputes or where both parties allege harm by the other.

Although more common for defendants, plaintiffs can utilize affirmative defense in response to a counterclaim. This might involve proving that an alleged action was justified or asserting that the defendant’s actions were excused due to extenuating circumstances.

Plaintiffs also often rely on specific statutes that provide legal protection against certain actions. For instance, in employment law cases, statutes protecting against discrimination and harassment can serve as a foundation for a plaintiff’s claims.

Some of the most common defenses in the US include self-defense, consent, alibi, insanity defense, and statute of limitations. A self-defense claim can be used in both criminal and civil cases. Here, a plaintiff might argue that their actions were a necessary response to an immediate threat, thereby justifying acts that might otherwise be seen as criminal or tortious. Consent claims usually come into play in cases involving personal injuries or allegations of harassment. For such claims, the plaintiff might argue that the defendant had consented to the actions or circumstances that led to a claim.

Furthermore, an insanity defense claim is one used to address the mental state of a defendant. Additionally, an alibi defense claim is primarily used in criminal defense but can also be for civil litigation. For this claim, establishing the whereabouts of a defendant at the time of an alleged act is necessary.

Healthcare Fraud Defense

Healthcare fraud is a legal and ethical issue within the medical community and the broader health insurance system. It encompasses a range of illegal actions aimed at deceiving the healthcare system to gain improper benefits or compensation. It includes billing for services not rendered, upcoding services and procedures, performing unnecessary services, kickbacks, etc. In some cases, it may be appropriate to negotiate a settlement to reduce penalties or dismiss some charges.

One healthcare fraud defense strategy is challenging the prosecution’s case. Here, defense attorneys may argue that the prosecution has not met its burden of proving the defendant’s internet to commit fraud. The attorneys may also demonstrate compliance efforts by showing that the healthcare provider has implemented adequate compliance and oversight mechanisms, which can be a powerful defense.

How to Build a Strong Legal Defense Strategy

Building a strong legal defense strategy is necessary for any employer facing potential legal issues. This involves taking proactive measures to ensure that all operations are compliant with the law and that there is sufficient documentation to defend against any claims effectively. Having detailed records can help prove compliance with employment laws, demonstrate fair treatment of employees, and substantiate the reasons behind employment decisions. Well-maintained documentation often serves as the best defense in disputes over wrongful termination, discrimination, or harassment.

As such it is important to keep detailed records of employee performance, including evaluations, disciplinary actions, and any correspondences related to their employment. This helps establish a clear basis for any employment decisions made.

As an employer, ensuring policy acknowledgments is also necessary. This comes in handy in defending claims that relate to violation of these policies. Furthermore, maintain records of training logs, especially those related to compliance and harassment prevention. This shows proactive efforts to educate employees on their rights and responsibilities.

In addition, keeping up-to-date records of compliance documentation is also necessary. This includes updates to labor law posters, employee handbook revisions, and records of compliance audits. It also helps to utilize digital systems for managing documents to ensure they are easily accessible and well-organized. Employment laws can change frequently, and staying informed is vital. Regular updates to employee handbooks and policies to reflect these changes are necessary to ensure ongoing compliance and to fortify your legal defense strategy.

Conducting regular audits and compliance checks is another component of a strong defense strategy. These audits help identify and rectify any potential issues before they result in legal claims. Regular checks also demonstrate a commitment to lawful practices and can significantly mitigate legal risks.

For businesses seeking expert guidance in building and maintaining a legal defense strategy, consulting with specialized defense lawyers is advisable. Novian & Novian has some of the best Beverly Hills defense lawyers who offer experienced legal counsel focused on employer defense. With our expertise, your business is not only protected against potential legal threats but also operates in strict compliance with evolving employment laws.

Need A Business Defense Attorney?

Proactively managing legal risks involves more than just responding to issues as they arise. It requires a strategic approach to create a compliant and supportive work environment that preemptively addresses potential legal challenges. Regular training, updated policies, and consistent legal reviews help mitigate risks and equip your business to handle legal matters efficiently.

Implementing thorough documentation practices and keeping detailed records such as employee evaluations, policy acknowledgments, and training logs are vital. These help establish compliance and protect against potential legal claims.

Navigating the complexities of employment law can be challenging, but you don’t have to do it alone. Novian & Novian, a Los Angeles Employer Defense Practice specializes in providing robust legal defenses for businesses, offering expert advice and representation to ensure your company remains protected and compliant. Schedule a free consultation with us to see how our business defense attorneys can assist your business.