Employment disputes have become a common topic in the media today in New York and across the nation. While many of these stories are focusing on the employee's perspective and mistreatment with sexual harassment, workplace discrimination, wrongful termination and other employment law violations, it is easily forgotten that employers also have rights. Simply because an employee is making a claim against an employer does not mean that it is true or that it reached the level of a violation severe enough to warrant legal action.
Employers must remember that they have the right to have a qualified law firm to provide a defense in these cases. When there is an employment violation alleged and the case is brought to court or to an administrative hearing panel, the defense is one of the key factors in a successful resolution. If there were any of the following issues, a law firm can help with defending against the claims: an assertion of workplace discrimination due to the employee's gender, race, national origin, sexual orientation or for any other reason; an assertion of age discrimination; the employee claiming he or she was sexually harassed; there were quid pro quo requests; if there was retaliation; bias was used to spark layoffs or termination; wage and hour disputes, and more.
It is also imperative for employers to have legal help that is experienced with workers' compensation claims, the Equal Employment Opportunity Commission (EEOC), and the Human Rights Division. When there are claims that an employer has wronged an employee in any way, there might be an immediate impulse to think that the employer is guilty and deserves harsh punitive measures with the employee given a significant settlement and other awards. That is not always the case.
Regardless of the reason the case was brought, the employer should bear in mind that they too have rights and the law is there to protect them just as it is there to protect the workers. Having legal assistance from a firm that specializes in employment law for employers can help with crafting a defense and should be contacted as soon as possible.