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While internal policies, training, and audits can help minimize an employer’s risk of a lawsuit, employment litigation can still arise under a number of circumstances. At The Checkett Law Firm, our employer defense attorneys take the proactive steps necessary to limit conflict and provide strategic legal advice in response to conflicts that do arise.
Whether you need assistance drafting thorough and effective workplace policies and documents, or defending your business against employee allegations of harassment, discrimination, wrongful discharge, or retaliation, our attorneys are experienced in providing effective legal representation for businesses and larger corporate entities facing various employment issues.
Navigating Allegations of Discrimination
Under Title VII of the Civil Rights Act of 1964, all employees are protected from discrimination in the workplace. Specifically, discrimination based on gender, race, color, national origin, or religion is prohibited. Employees who feel they have experienced discrimination may file a claim with the Equal Employment Opportunity Commission or EEOC. This federal agency, responsible for investigating and prosecuting discrimination in the workplace, will provide notice of the claim to the employer within ten days of receiving an employee claim.
Once you have received notice that a discrimination claim has been filed with the EEOC, it is important to promptly contact an experienced attorney before making any efforts to respond or otherwise address the situation. While it may be instinctual to want to reach out to the employee in an effort to remedy the situation, especially if you were not aware of any conflict prior to receiving notice of the EEOC complaint, this response is nearly always inappropriate. Any contact with the employee related to the filed complaint could be viewed as harassment, retaliation, or other negative consequences even if your motivation is pure.
If the employee is likely to sue after the EEOC investigation is complete, it may be in the employer’s best interest not to respond with a position statement. An EEOC defense attorney can help you navigate the situation and prepare a statement if appropriate. Pre-investigation mediation may be a good option, but an attorney can review your case and help you formulate a strategy that will be the most beneficial for your business.
From Class Actions to Whistleblowers
The conflicts that arise between employers and employees are often complex. Our attorneys understand what is at stake when your business is facing a class-action lawsuit or compliance issues with regulatory agencies. These matters, especially whistleblower claims, carry a big risk for businesses. With our skill and experience, we can provide both the proactive counsel necessary to mitigate risk to your business, as well as providing the guidance and litigation experience necessary to combat any claims that arise.
The Importance of Legal Representation
Even the best policies and procedures cannot eliminate the risk of employee conflicts. When employment law and workplace issues arise, our skilled attorneys are here to provide a strong defense to protect your business and resolve the matter as efficiently as possible. The way your business responds to conflict not only determines the outcome of that matter, but may also impact the atmosphere of your business, employee morale, and other business relations. Therefore, as a responsible business owner, you should consult with an experienced employment defense attorney for guidance to protect yourself, protect your business, and its reputation.