News - Tag Archives: West Virginia employment discrimination defense
Employees may bring a claim against an employer based on discrimination for a variety of reasons. Cases involving age discrimination, gender discrimination, and racial discrimination are probably the most common forms of factual background for these types of suits. An employer may have various options for responding to such a claim depending on the type of complaint that the employee has brought and the current stage of the legal proceedings.
Defending a Claim
It is wise for an employer who has been notified of an employment discrimination complaint or claim to contact an attorney who is experienced in defending such matters in order to protect their rights and obtain proper representation for their cause. The proper legal advice and guidance will provide employers accused of discrimination with the best chances of defeating such claims. A skilled employment law defense attorney will assist their clients with and advise them on the following points, including others:
Encourage the investigation of an employee’s in-house complaint and craft a proper response under the circumstances. Prompt action is essential in this case, and an attorney can help their clients in quickly implementing a plan of investigation. Generally, investigations will include interviewing the employee who made the complaint, interviewing other witnesses, and compiling and reviewing any relevant documentation to the claim. Employers can choose to take action at this stage which may avoid further legal action.
Advise the employer as to their options if an employee files a complaint with a government agency such as the Equal Employment Opportunity Commission (EEOC) or the Human Rights Commission (HRC). In cases such as these, an employer usually can either choose to mediate the case or give a written response to the claim with supporting documentation. In defending against such a claim, it is essential that the employer read and understand the complaint lodged against him and have a thorough understanding of the relevant law to the claim. Employer action will include an investigation into the matter in addition to any response. Following important legal rules, including timeliness and the inclusion of appropriate information, is crucial.
In cases that move forward to the litigation stage, it is not only advisable but imperative to have legal representation in defense of an employment discrimination claim. Parties to a legal action are bound by rules of evidence and procedure in filing pleadings and arguing their positions. An employer will have a limited amount of time to file an Answer to a Complaint filed against him. Filing this responsive pleading is the first step in establishing the employer’s position against the employee and defense of their claim, so it is important to take proper steps from the outset. This includes researching facts, compiling relevant documents, contacting and interviewing witnesses, and establishing any counter-claims or affirmative defenses.
Employment Law Defense Attorney
If you are an employer who is being accused of employment discrimination, the attorneys at Hendrickson & Long PLLC can assist you in defending your case. We have successful experience representing employers in many cases in West Virginia. Contact us today to schedule a consultation. Our offices are located Charleston.