Respond to EEOC Charges Without a Lawyer?May 16, 2023
Many employees file Charges of Discrimination against businesses with the EEOC. Some of these charges are baseless, unfounded and are a complete falsification of the facts. However, this does not mean businesses should ignore the Charge or otherwise try to provide a response on their own.
I have seen many of these “baseless” claims turn into real problems for employers because they either missed a deadline, failed to assert a defense, or misunderstood their obligations under the law as an employer.
I recently had a client who did just that and admitted to a whole bunch of things it never intended to admit to.
I completely understand that, when faced with these allegations against it, Employers want to speak out and provide their version of the facts to clear the company’s name.
Businesses are permitted to provide a response to an EEOC Charge without counsel, but that doesn’t mean they should. In fact, I highly advise against it and here is why:
6 Reasons why businesses should not respond to EEOC’s Charge of Discrimination without consulting with an employment lawyer
1. Do you know the legal elements to prove a prima facie case of discrimination, harassment and retaliation?
2. Do you know what an employee needs to prove in order to proceed past a Motion to Dismiss?
3. Do you know whether the employment laws allow employees to name managers and owners individually?
4. Do you know how long an employee has to file an EEOC Charge and under what circumstances the employee may file a Complaint in state or federal court?
5. Do you know what happens when you “forget” to assert an affirmative defense and how it affects the matter?
6. Do you know when Claimants are entitled to back pay, front pay, liquidated damages, emotional distress damages, punitive damages and attorneys fees?
If you do not handle these matters on a daily basis, then please consult with someone who does. It will save businesses a huge headache in the long run.
Have questions? Send me an e-mail.
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Disclaimer: The information on this website is for educational purposes only. The information does not constitute legal advice, and does not create an attorney client relationship with Karly Wannos, The Wannos Law Firm, P.A. or any other attorney employed by the firm. Karly Wannos is licensed to practice law in Florida only, and the information presented on this channel applies to Florida and Federal law only and is not otherwise state specific. Please consult with an attorney before making any important business related decisions. The contents of this post are owned by Karly Wannos, and cannot be duplicated or replicated without her express written permission. May be deemed an attorney advertisement.
The Wannos Law Firm, P.A. provides legal advice to Florida businesses. Karly Wannos is a workplace investigator for claims of discrimination, harassment and retaliation, Florida employment law mediator and provides training to businesses on employment laws.
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