Should I Hire an EEOC Lawyer?
Most employers will try and represent themselves when served with an EEOC charge. They believe it will save them money; however, most employers will end up in over their head and accidentally help the charging party’s case. Legal representation will prevent you from making serious errors that will impair your case. This article help employer understand when to hire an EEOC lawyer.
An EEOC lawyer will provide a better result and ensure the EEOC claim is resolved efficiently and that you can continue to run your business while the claim is being investigated.
How Does the EEOC Process Work?
The EEOC is a federal agency which was created in the 1964 Civil Rights Act. If an employee believes they have experienced unlawful discrimination, they must file a charge with the EEOC. The charge will contain a brief description of the alleged discrimination, and the employer will be notified and asked to respond. The employer’s response is called a position statement, and they should explain and provide evidence to show the termination was not unlawful.
The EEOC offers a mediation program to eligible cases to try and resolve the charge quickly. It is a voluntary program, and both parties must agree to it. If mediation is unsuccessful or refused, then the EEOC will investigate the charge.
If the EEOC finds good cause to believe discrimination occurs, they will issue penalties. The EEOC usually only finds reasonable cause in 2% of charges. If the EEOC’s investigation finds no good cause for the discrimination charge, then they will issue a “right to sue letter.” The charging party needs to file a federal lawsuit within 90 days of receiving the right to sue letter.
If the EEOC finds no cause, that does not mean that the employer is in the clear. The employee can still file a lawsuit, and the EEOC’s findings are not binding to a court. The evidence both parties have provided the EEOC will be used in any subsequent lawsuits though.
Why Do I Need an EEOC Lawyer?
Once you receive notification of an EEOC charge, hire an EEOC attorney right away. Many employers will only hire an employment lawyer once they are sued, and by then it is too late. Any actions you take or things you say during the EEOC process will be used in court. It Is almost impossible to take back anything you said or did during the EEOC process. Employers have been penalized for inconsistencies in EEOC filings and their testimony in court.
An employment lawyer will help you to avoid those traps and will build a strong defense from the very start. While their aim is to try and avoid court at all costs, every action is made with the view that the case might go to court. The company’s decision-making process behind the termination will be laid in out in a clear, consistent way.
The employment lawyer will also know exactly what evidence to present to the EEOC and what other documents they may require. They will advise on how to be helpful without giving unnecessary information that may provide an employee’s lawyer with ammunition against the company.
Will an EEOC Lawyer Be Expensive?
Employers often hesitate to hire an attorney for an EEOC charge because they are worried about the cost. On paper, it may seem like a lawyer will cost more, but the hidden costs of facing the EEOC yourself are not often apparent.
No matter how you choose to handle it, an EEOC charge will cost your company. When you receive the charge notification, you need to prepare a position statement and supporting evidence. This will take time and money from both you as the business owner, and your employees who will need to investigate it properly. An attorney will investigate the charge and write a strong, persuasive position response to submit to the EEOC.
An experienced employment attorney will know the EEOC process inside and out and will be able to advise you on the law and procedure. Instead of having to read the Civil Rights Act of 1964, your attorney will know the information off the top of their head and will be able to advise you of the relevant laws. A lawyer will be able to create a position statement which shows your company’s strong legal position and present your company in the best light.
If a lawsuit is filed, it is vital to hire an EEOC lawyer. It is easier for an employment attorney to defend an employer if they have been retained from the outset, so if it seems likely that an employee will sue, seek legal representation immediately. The lawyer will have prepared the EEOC response and so will be familiar with the facts surrounding the case.