Learn best practices for filing or opposing a motion for summary judgment in employment law cases. Understand strategies for discrimination, retaliation, and wrongful termination claims with Legal Husk.

Summary Judgment in Employment Law Cases: Best Practices

Introduction

Employment law cases often turn on complex issues of intent, motive, and credibility—all of which make summary judgment a challenging but potentially powerful tool. Whether you're filing a motion for summary judgment (MSJ) as an employer or opposing one as an employee, success hinges on using the right legal standards, evidence, and strategy.

In this article, we outline best practices for winning—or surviving—a summary judgment motion in employment litigation. From discrimination and retaliation claims to wrongful termination and wage disputes, we’ll cover how to build a strong record, anticipate defenses, and use the law to your advantage.

To get litigation-ready documents for your employment MSJ, visit legalhusk.com or legalhusk.com/services/civil-litigation.

1. Understand the Unique Challenges in Employment MSJs

Employment cases often involve:

• Conflicting accounts of events
• Intent-based claims (discrimination, retaliation)
• Mixed-motive scenarios

Courts are cautious when deciding these cases at summary judgment because jurors are generally better equipped to weigh credibility and assess intent.

2. Know the Legal Standards

Discrimination (Title VII, ADA, ADEA, etc.):

Use the McDonnell Douglas burden-shifting framework:

1.    Plaintiff must establish a prima facie case of discrimination

2.    Employer must offer a legitimate, non-discriminatory reason

3.    Plaintiff must show that the reason is pretextual

Retaliation:

• Protected activity
• Adverse action
• Causal connection

Wrongful Termination:

• Must violate public policy or contract terms

3. Build the Record Early Through Discovery

For Employers:

• Secure affidavits or declarations from decision-makers
• Collect objective records (attendance logs, performance reviews)
• Request admissions from opposing counsel

For Employees:

• Depose key witnesses
• Obtain internal emails and complaint reports
• Focus on inconsistencies or shifting explanations

4. Target Weak or Legally Unsupported Claims

Filing a partial summary judgment motion is often a smart tactic:

• Dismiss non-actionable allegations (e.g., vague harassment claims)
• Challenge damages or punitive claim elements
• Eliminate untimely or unexhausted claims (EEOC requirement)

5. Use Witness Statements Wisely

Best Practices:

• Only use declarations based on personal knowledge
• Avoid self-serving, conclusory statements
• Authenticate documents through HR managers or supervisors

6. Address Pretext Directly

For defense MSJs, a well-documented performance record is key. But be ready to:

• Explain disciplinary discrepancies
• Respond to comparators (e.g., “similarly situated” employees not disciplined)
• Acknowledge and neutralize suspicious timing of termination or reprimand

For plaintiffs, raise issues like:

• Sudden disciplinary action after complaint filing
• Deviation from standard practices
• Evidence of bias in decision-making language

7. Oppose Summary Judgment With Context and Conflict

Courts will deny MSJ if you show:

• Genuine dispute of material fact
• Credibility conflicts
• Reasonable alternative explanations for employer’s action

Use circumstantial evidence:

• Statistical patterns
• Disparate treatment
• Temporal proximity

8. Avoid Common Mistakes

• Overrelying on legal conclusions instead of facts
• Ignoring credibility-based claims that should go to a jury
• Submitting inadmissible evidence (unauthenticated emails, hearsay)
• Filing too early, before the record is developed

Sample Summary Judgment Arguments

For Employers:

• “Plaintiff cannot establish a prima facie case of discrimination as there is no evidence of protected class bias.”
• “Performance deficiencies were well-documented prior to the alleged protected activity.”

For Employees:

• “There is a dispute of material fact as to whether the termination was motivated by retaliation.”
• “Defendant’s justification is contradicted by its own internal records.”

How Legal Husk Helps Employment MSJs Succeed

At Legal Husk, we:

• Draft summary judgment motions tailored to employment law standards
• Prepare fact statements and exhibits for EEOC, ADA, FMLA, and state claims
• Assist with declarations, performance records, and rebuttal arguments
• Offer affordable flat-rate document drafting services

📌 Visit us at:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Summary judgment is a powerful tool in employment litigation—but also a high-risk gamble. Winning requires more than just legal arguments. You need a solid factual foundation, a strategic understanding of burden-shifting frameworks, and a clear presentation of admissible evidence.

📩 Need help with your employment-related motion for summary judgment? Visit Legal Husk today to purchase professionally drafted litigation documents that position you for success.