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Glossary
Employment Litigation
Employment Practice and Defense terms within employment litigation.
employment-litigation
After-acquired evidence limits remedies where an employer discovers misconduct after termination that would have justified discharge.
An employment arbitration agreement requires workplace disputes to be resolved by arbitration rather than litigation.
A class waiver in an employment arbitration agreement requires claims to proceed individually.
An EEOC charge is the administrative complaint that must be filed before most federal discrimination claims may proceed.
An employee handbook communicates policies and, absent disclaimers, may create enforceable contractual obligations.
An employment investigation examines complaints of misconduct to determine facts and support the employer's response.
Exhaustion requires completing agency procedures before filing suit on statutory employment claims.
Garden leave keeps a departing employee on payroll during a notice period while removing them from work.
The honest belief rule protects an employer that acted on a genuinely held belief even if the belief was mistaken.
A non-compete agreement restricts a former employee from competing within a defined scope, duration, and geography.
A non-solicitation agreement restricts a departing employee from soliciting customers or employees.
A performance improvement plan documents deficiencies and sets measurable expectations over a defined period.
A personnel file contains the employment records that document performance, discipline, and decisions.
Progressive discipline escalates consequences through documented steps before termination.
A right to sue letter authorizes a charging party to file suit after the agency concludes its process.
The same actor inference suggests discrimination is unlikely where the same person hired and fired the employee.
A severance agreement provides consideration in exchange for a release of employment claims.
Complex litigation, simplified.
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