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Defending Against Frivolous Employment Claims: Assessing the Claim for Merit, Motion Practice, Sanctions and Remedies

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, July 31, 2024 (in 13 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will discuss defending against frivolous employee lawsuits. The panel will address how to assess whether a claim is frivolous or made in bad faith and address possible employer defense strategies including motion practice, counterclaims, and seeking sanctions under federal and state law.


It is increasingly common for unhappy current or former employees to file meritless lawsuits against employer companies. When faced with frivolous claims, some companies may want to settle quickly, regardless, to mitigate the risk of reputational harm. Others may want to actively defend themselves against frivolous claims to discourage others from following suit in the hope of making money on a quick settlement.

Counsel should know how to analyze a claim to decide whether it may be frivolous or meritless and then understand the various defense strategies that may be pursued to achieve their clients' goals--including whether to pursue ADR and/or settlement or to move ahead with litigation using motion practice and possibly seeking sanctions.

Listen as our expert panel examines how to defend against employee frivolous claims. The panel will discuss how to assess the claim for merit and address considerations counsel and their clients should make when developing defense strategies. The panel will also consider possible remedies and when to pursue sanctions.



  1. Introduction
  2. Determining whether a claim is frivolous or made in bad faith
  3. Motion practice
    1. Motion to dismiss for failure to state a claim under Rule 12(b)(6)
    2. Motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1)
    3. Motion to stay discovery
    4. Motion to strike under Rule 12(f)
  4. Answer and counterclaims
  5. Sanctions
    1. Rule 11
    2. Section 1927
  6. ADR and settlement: pros and cons
  7. Attorney's fees and costs
  8. State statutes and remedies
    1. Vexatious litigants
  9. Insurance considerations
  10. Practitioner takeaways


The panel will review these and other important considerations:

  • What makes an employee claim frivolous?
  • Who are "vexatious litigants?" What states have laws related to vexatious litigation?
  • What are an employer's options when faced with defending a frivolous claim?
  • When should counsel consider moving for sanctions?


Boling, Andrew
Andrew J. (Andy) Boling

Attorney, Employment Law Chair
Kelleher + Holland

Mr. Boling represents domestic and international clients doing business in the US and around the world, especially in...  |  Read More

Rooney, Arthur
Arthur Rooney

Perkins Coie

Mr. Rooney’s experience includes nearly 20 years representing employers in employment and labor law matters,...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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