The Start of an Employee Lawsuit
Any employee that feels they were a victim of sexual harassment, discrimination, a hostile work environment that was unresolved, termination without cause or had an adverse action taken against them due to retaliation can file a complaint or start a lawsuit. You will receive a letter from either a law firm, your state’s human rights division, the EEOC, or all three informing you of a complaint filed and a description of the illegal actions of the company. At this point based only on the employee’s statements and documents provided. The fact that the employee is not part of a protected class, has been employed for a short period of time or your belief that the complaint was resolved is irrelevant. If the employer can prove a fair and thorough process was conducted by providing proper documentation and memorialization these types of complaints are resolved quickly or at best dismissed. If not, they can go on for a long period of time, be extremely frustrating and at a high financial cost.
Required Documents & Responses for an Employee Lawsuit
Once an employee files a lawsuit, a general list of responses and documents is required. The company has 30 days to respond to each complaint and provide whatever documents exist to support those responses.
- Submit copies of all written rules, policies and procedures relating to the issue(s) raised in the complaint.
- Submit a response, in “admit”/“deny” format, to each allegation of the complaint. For each allegation that is denied, submit a statement that sets forth the facts upon which you rely in your denial. Please submit any and all documents and written statements of witnesses or participants to support your position.
- Explain in detail the reason(s) for the action taken;
- Identify the person(s) recommending the action(s) at issue, including name, position held, sex, sexual orientation, and previous opposition to discriminatory conduct, if any;
- Identify the person(s) making the final decision, including name, position held, sex, sexual orientation, and previous opposition to discriminatory conduct, if any;
- Provide a copy of any evaluation(s) or investigative report(s), and all other relevant documents relating to the act;
- Provide a list of all employees who committed the same or substantially similar offense(s) that the Complainant committed, and the disciplinary action taken against each of them. Supply backup documentation for the listed employees. Identify each employee by name, position held, sex, sexual orientation, and previous opposition to discriminatory conduct, if any. Identify the person(s) making the final decision, including name, position held, sex, sexual orientation, and previous opposition to discriminatory conduct, if any;
- List all employees discharged or who received the same discipline as the Complainant within the past two years. For each employee listed, include employee’s name, position held, reason for and date of discipline, sex, sexual orientation, and previous opposition to discriminatory conduct, if any. Provide a copy of the discipline or separation notice for each person. Identify the person(s) making the final decision, including name, position held, sex, sexual orientation, and previous opposition to discriminatory conduct, if any.
- If this complaint involves a claim of physical disability, did you make any attempts to reasonably accommodate the disability at issue? If so, please detail them. Provide any other information and/or explanation you deem relevant to this complaint, and any other information which will assist the Commission in reaching a decision in this matter.
How We Prepare and Assist You
Our clients are trained on how to handle the most common type of employee lawsuits – hostile work environment, discrimination including physical disabilities, sexual harassment and retaliation. We teach and assist you with the entire employee complaint process from start to finish. From the initial complaint, through the investigation process and ending is resolution with proper supporting documents. With claims of unlawful terminations, we believe in the concept of “manage up or manage out”. Written documentation should be focused on requiring performance improvement moving forward with a clear understanding of the consequences of failure rather than simply addressing poor past performance.
We teach and assist you with the entire complaint process from start to finish:
- Unlawful Terminations – myHRCD works teaches and then assist all managers on how to handle the employee’s initial complaint. Your managers will have direct access to us when an employee files a workplace complaint and can reach out for immediate assistance. Then we’ll work with the management team through a vetting process to ensure all termination can be defended as just cause.
- Hostile Work Environment Complaints – myHRCD trains your management team on sexual harassment, discrimination and retaliation laws, preventions, and the proper steps in resolving employee complaints. We assist in conducting a fair and thorough investigation while ensuring that all documentation and memorializing is done correctly and readily available if needed.
- ADA and Disabilities Rights in the Workplace – Train your company and management team on how to properly address an employee with physical or mental disabilities that have workplace protection rights. Assisting you with the interactive process by working with the employee and their healthcare provider to make sure we act in the best interest of our employee while still providing a safe workplace for them, our other employees, and guests.