INTRODUCTION
Whether you are an employer or employee, you have rights under state and federal law, and you may also have rights which were contractually established in your specific situation. Here are four types of disputes that often arise in the area of employment law: wrongful termination, wage disputes, discrimination and harassment claims. These disputes can lead to costly and prolonged litigation. Summary judgment is a legal procedure tool that whose aim is to expediate cases by concluding cases before trial process. In this essay, we will explore the aspect of summary judgment in employment cases.
SUMMARY JUDGEMENT OVERVIEW
Navigating the complexities of employment cases – seeking justice, fairness, and a better workplace for all.
Summary judgement is where a party to a dispute may ask the court to rule in their favor without going to trial by using the procedure known as summary judgment. In order to successfully secure a summary judgment, the moving party must show that the law supports their position and there are no real questions of substantial fact. Summary judgment gives the applicant an opportunity for its case to be determined in its favor at an early stage and at a short hearing. The summary judgment process is generally much quicker than going to trial, so this will save time and costs. There may also be a tactical advantage to an application for summary judgment as, even if the applicant is not successful, the other party will have been forced to set out its position and evidence at an early stage.
SUMMARY JUDGEMENT PROCEDURE IN EMPLOYMENT CASES
Seeking justice in the workplace: Employment cases that shed light on important issues and protect employees’ rights.
- EVALUATE THE CASE
Before taking any step in a case, evaluating a case is an important step in being able to come up with a solution to a legal problem. Even if the solution seems clear without conducting research, an analysis can help you identify problems you may not be aware of and propose solutions that’ll help settle the employment dispute. In the instance of summary judgment, the evaluation of a case includes accessing whether there are no genuine disputes of material facts.
- FILE A MOTION OF SUMMARY JUDGEMENT
After evaluation of the case, if you believe that the case meets the criteria for summary judgment, your draft and file a formal motion for summary judgment with the court. This motion will include: A concise statement of the undisputed facts that support your position and a legal argument explaining why, based on those facts, the law clearly favors your position.
Supporting evidence, such as affidavits, documents, or deposition testimony, to support your claims.
- SERVE THE MOTION
The party who files the Motion for Summary Judgment is called the “moving party” and can file the Motion if he or she believes that there is no genuine dispute as to any material fact and that he or she is entitled to judgment as a matter of law with respect to some or all of the parties claims or defenses
- OPPOSING PARTY’S RESPONSE
The opposing party has the right to file their defense within the required timeline. The point of the defense should be to argue that there are genuine disputes in the facts and the case should go to trial.
- COURTS DECISION
If the Court grants the Motion for Summary Judgment, the moving party will obtain a final judgment on all or some of the parties’ claims or defenses. If the Court denies the Motion for Summary Judgment, the case will proceed to trial, unless the parties agree to settle the case. Therefore, when the Court denies a Motion for Summary Judgment, the judge is not saying the moving party has lost on the claims or defenses raised in the motion. Rather, the judge is saying that a trial is necessary to determine the outcome of the case.
CONCLUSION
Summary judgment in employment cases is a valuable tool for promoting efficiency and fairness within the legal system. By allowing courts to promptly dispose of cases with no genuine disputes of material fact, it streamlines the litigation process and ensures that claims receive the attention they deserve. While summary judgment must be applied judiciously and fairly, it serves as a crucial element in maintaining the balance between the rights of employees and the interests of employers in the realm of employment litigation.