What are 'Defenses'?
The legal arguments the employer uses to fight your claims.
Defenses are the legal arguments the employer lists in its Answer, explaining why it believes it should win even if some of our factual allegations are true.
Why it matters to you
Employers typically list many defenses at the start of a case, often more than a dozen, as a matter of routine. Seeing that list can feel discouraging, but it is boilerplate at this stage. The employer has not proven anything by listing them, and many defenses quietly drop away as the case develops.
Knowing the likely defenses actually helps us. It tells us what evidence to gather and what questions to ask in depositions so we can test whether the employer's story holds up.
An example from an employment case
In a discrimination case, a common defense is that the employer acted for a legitimate, non-discriminatory reason, such as claiming you were terminated for poor performance rather than because of your age. Our job is then to show that the stated reason does not hold up, for example with strong performance reviews and evidence of how younger employees were treated.
Every case is different. Ask your legal team how this applies to yours.
Related terms
Answer, Legal Claim, Complaint, Summary Judgment
Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.