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10 things your employer will do if you sue!
February 07, 2010


Employee Rights News You Can Use



I hope you are having a blessed New Year! 2010 promises to have many exciting, challenging, changing and disturbing things taking place on the job. As a valued subscriber to Basic Employee Rights eNewsletter I pledge to continue to provide quality info you can use to enhance your employment experience. Why? Because I'm also an employee who makes it his business to stay on top of what's happening at work.

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Date February 7, 2010

Issue #11



10 things your employer will do if you sue

These ten standard procedures are not in a precise order, but employers will usually use the following if you file a lawsuit.

(1) Use Attorney(s)
Many mid to large companies have internal legal staff or engage the services of an outside law firm. They will utilize lawyers who specialize in the specific case such as age discrimination.

(2) Designate one person to communicate with lawyers
The person charged with the responsibility of dealing with the legal staff is responsible to ensure the company's defense against the lawsuit is being handled appropriately and timely.

(3) Credibility of evidence
Some employers may be stupid enough to add, change or delete evidence against them. This is one reason it's critical for employees to maintain accurate records. If your employer manipulates or changes the truth, that helps you prove your case.

(4) Important dates
Once sued, your employer is required by law to comply with providing a response to the (EEOC) Equal Employment Opportunity commission or your state's human rights commission. This response to your suit is typically 30 days.

(5) Your co-workers
This is huge! Your co-workers can help or hurt your case against your employer. Some or most may be intimidated by your boss to add, change or forget key issues that help your case. some may even be willing to "do you in". Your employer may pressure them to not talk or discuss your case until they have to.

(6) "Circle the wagons"
Employers will organize everyone involved with the case. This may include HR, co-workers, supervisors, vendors or customers.

(7) No apology
Don't expect your boss to ADMIT to violating your employee rights. Most likely they will have been advised by their attorneys not to do so. Why? It could be used against your employer in court as an admission of guilt.

(8) Insurance issues Some employers have what's called (EPLI) Employment Practices Liability Insurance. This may require the company to seek immediate settlement of the case. However, these policies commonly may not protect the employer against discrimination or harassment lawsuits.

(9) Mediation
Sometimes your employer may seek (ADR) Alternative Dispute Resolution to settle your lawsuit. Hmmm...I wonder why? If your employer does this, you may have strong proof of employment violations. Also, be aware when you accept employment, arbitration maybe required if there is an employment dispute.

(10) Most likely your employer will keep a record of things that have occurred involving your employment.
This will include your permanent personnel file kept in HR. I've encountered many managers and supervisors that also maintain a "personal file" on employees in their office too. Guess what? You should also keep detailed records of events that prove your employer has violated your workplace rights.

Any combination of these 10 things is what you can expect your boss to use if and when you file a lawsuit.

Till next time,



Top Tip!


Talking about Disability issues

You look up from your cubicle and are introduced to a new employee who is in a mobile wheelchair. You have a moment of awkwardness and say, "Nice to meet you". Effective communication with individuals with disabilities is not always easy. The Department of Labor Office of Disability Employment Policy (ODEP) has a policy of affirmative language.

What does that mean? Well, the concept is intended to provide effective workplace communication with employees who have mental and physical challenges.

According to the ODEP here are some examples;

affirmative phrase: the person with epilepsy or seizure disorder

negative phrase: "You're and epileptic"

affirmative phrase: person with psychological or psychiatric disability

negative phrase: "She's not all there" or "He's crazy"

The ODEP advises when introduced to co-workers with disabilities to try and relax. Strive to not be embarrassed. If you offer assistance be sure to wait for the offer to be accepted. For much more info on workplace disability communication issues follow this link;


The Next Issue of Basic Employee Rights eNews!

Do you have a right to workplace privacy?



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Written by Yancey Thomas Jr.


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