Attorneys: A History of Helpfulness

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Attorneys: A History of Helpfulness

Attorneys in our day are often called bottom feeders, ambulance chasers or worse. I am an attorney in private practice, and it is my mission to show you that the law is a calling filled with noble and enthusiastic people who are doing the job to help others. The law can be incredibly confusion, and it seems to change drastically day by day. Attorneys are there to help clients navigate the murky waters of legal issues and find the most appropriate solution to problems they face. So don't think of a lawyer as the bad guys. Lawyers help people, and this blog will teach you how.

3 Strategies To Defend Against An Employee Discrimination Suit

Is your company facing a discrimination lawsuit from an employee? Unsure of how to defend yourself? Discrimination lawsuits can be challenging and dangerous for businesses. The plaintiff's attorney often hopes the business will settle before going to trial. Many businesses choose to settle rather than face the time and expense of a trial. However, there are strategies you can use to fight a discrimination suit in court and even to get the case dismissed before it reaches trial. An employer defense attorney can help you defend against your suit. Below are a few defense strategies to consider.

Show that the employee did not follow the written process.

In many discrimination trials, the court wants to see that a lawsuit was the last resort after the employee attempted all other options. It's helpful as an employer if you have a written discrimination policy with a formal discrimination process. You may be able to show that the employee didn't file complaints with human resources or follow the discrimination reporting system in place. Perhaps they jumped straight to a lawsuit. If you have everything documented, you may be able to show that the employee skipped reporting steps. The court may dismiss the case and direct the plaintiff to attempt other options before filing a suit.

Show that you had cause.

Many employees assume discrimination occurred because they refuse to believe they did something wrong. If you can show you had cause for terminating them or declining to promote them, you may be able to get the lawsuit dismissed. For instance, employees may believe they were let go because of their advanced age. However, it may be possible that they were failing to perform key aspects of their job. Documentation is critical in this scenario. You will need documentation to show that you gave the employee warnings and opportunities to correct the issues. If you didn't document the issues with the employee, this defense may be difficult to use. 

Show a neutral business motive.

Some business needs are discriminatory in nature even though there is no ill will by the employer. For example, some labor jobs may require lifting a certain amount of weight. Although some women may meet the requirement, it is far more likely that men will meet the standard than women. That means more men may be hired than women. Some may view this as discriminatory, but a court may view it as a neutral business need. Yes, the rule benefits men, but it is necessary for the job. 

Ready to defend against your discrimination suit? Contact an employer defense attorney today. They can help you chart a strategy for success.