When a former or current employee sues you for discrimination, harassment, or unlawful termination, you could lose money and credibility if the court finds you guilty. You will want an employer defense attorney to help you win the case.
Here are three different strategies the employer defense attorney can use.
You Had a Valid Reason to Terminate the Employment
One of the arguments a former employee can use against you in court is that their termination was illegal and that you didn't follow due process. When the employee and their defense come to you with this argument, they probably have evidence to support their claims. Therefore, you are responsible for proving the legality of the termination to save you from paying hefty fines and penalties to the former employee.
An employer defense lawyer can help you argue against the termination on discrimination argument by proving that the termination was legal and did not infringe on fundamental human or employment rights.
To prove your legal standing, provide the attorney with all documents and records leading to the termination.
The lawyer can also provide video or paper evidence of the former employee's misconduct and prove that their behavior violated their employment contract.
Your Decision Supports a Business Agenda
Sometimes, a former or prospective employee can sue you for denying employment because of discrimination against their gender or other factors. In most states, such accusations attract hefty fines and can discredit your business. However, an employer defense lawyer can help you navigate and win such a case.
First, you must prove that your decision to deny employee employment at your business supports a business purpose explained clearly in the business agenda. An organization can have policies that may discriminate against a particular group, but they are essential for the growth and prosperity of the business.
For instance, a female cosmetics company can have the policy to hire only women in a particular age group as models because their products have a specific target market. It discriminates against other female models outside the specified age group, but the disparity is necessary for business growth.
If you are in such a situation, provide your attorney with relevant evidence to support your decision. The lawyer can build a compelling defense argument and save your business from paying unnecessary fines.
You Were Not Aware of Harassment Against the Employee
If an employee sues their supervisor for harassment, they can also sue you as the employer. As an employer, you are liable for the actions of the supervisors in your business, even when you're unaware of the activities. However, your defense lawyer can prove you were unaware of the harassment between coworkers even after properly monitoring the working environment.
In such a scenario, your defense lawyer must prove that you have a strict policy against harassment and that you regularly train your employees on the same.Share