Summary judgements are difficult to overcome, but can be
Written by our employment lawyers in Virginia Beach
One of the biggest dangers an employee faces in an employment law case in federal court is summary judgment. Summary judgment is usually requested by the employer.
Summary judgment will be granted by the federal court when the judge: 1) determines that there are no material facts in dispute and 2) that the party (the employer) is entitled to judgment on the law. If the court grants the employer’s request for summary judgment, the employee loses before ever making it to a jury.
For more than a decade, our employment lawyers in Virginia Beach have handled federal court employment law cases for individuals throughout Hampton Roads, including Norfolk, Chesapeake, and Portsmouth.
Avoiding a summary judgement
To avoid summary judgment, the employee must establish evidence to show the court that there is a genuine dispute of fact. The employee must have support for these facts which could include affidavits or depositions. This evidence must support the existence of the elements that the employee has to prove at trial. In short, you must make sure you have evidence that proves your allegations are true.
Summary judgment means that you may not get your date in court. It is very difficult to overcome, however, a good employment lawyer can help improve your odds by building a solid case.
If you have an employment law dispute and are searching for an experienced employment lawyer with proven results, please call us at (757) 432-2500 or use our online form below.
Employment lawyers in Virginia Beach serving Chesapeake, Norfolk, Portsmouth, and all of Hampton Roads.