Retaliatory Counterclaims: Defending Employees Checklist

Summary

This checklist offers practical guidance for attorneys defending employees facing retaliatory counterclaims or separate lawsuits filed by employers in response to protected activity such as filing discrimination, whistleblower, or wage and hour claims. These counterclaims may involve contract, tort, or statutory claims, and may be asserted as compulsory or permissive counterclaims—or in separate proceedings.