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Employer Defense

Protect Your Business

Your business is your legacy. Don't let a single lawsuit unravel years of hard work. We provide proactive compliance and aggressive defense.

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Key Takeaways

  • 30-day deadline: Position Statement due within 30 days of EEOC charge
  • Prevention beats defense: Proper policies and training prevent most claims
  • Documentation is key: Contemporary, specific records create strong defenses
  • Dual perspective: We know plaintiff tactics from representing employees

On This Page

Proactive Counsel. Aggressive Defense.

The best lawsuit is the one that never happens. We work with business owners to build a fortress of compliance around their operations—clear policies, proper documentation, and trained management.

When litigation is unavoidable, we defend your interests with the same intensity we bring to our plaintiff work—leveraging our knowledge of the opposition's tactics to secure dismissal or favorable settlement.

Risk Mitigation

Contracts

Litigation

Compliance

Defense Services

EEOC Charge Response →

Strategic Position Statements that protect your business. We coordinate with EPLI carriers.

Handbook & Policies →

Audit and update employment policies for compliance with federal and state law.

Employment Contracts →

NDAs, non-solicitation agreements, severance packages, at-will acknowledgments.

Workplace Investigations →

Proper investigations create the Faragher-Ellerth defense and show good faith.

EEOC Charge Defense

Receiving an EEOC charge is serious—but it's also an opportunity. A strategic response can end the matter before litigation.

1

Immediate Assessment

We review the charge, gather facts, and assess exposure. Time is critical—you have 30 days.

2

Investigation & Documentation

We gather records, interview witnesses, and build the factual foundation for your defense.

3

Position Statement

A compelling written response with supporting documentation that presents your defense.

4

Resolution

We pursue dismissal, negotiate settlement if appropriate, or prepare for litigation.

Building Your Compliance Foundation

Most employment lawsuits are won or lost long before an employee ever files a complaint. The companies that avoid liability have these elements in place:

Clear Written Policies

Employee handbook with at-will disclaimer, EEO policy, anti-harassment policy with complaint procedure, and acknowledgment forms.

Management Training

Regular training on discrimination, harassment, proper documentation, and consistent policy enforcement.

Documentation Systems

Contemporary, specific documentation of performance issues, coaching, and disciplinary actions.

Prompt Investigations

Immediate, thorough, and documented response to any complaint of harassment or discrimination.

Workplace Investigations

A proper investigation is both a legal requirement and a strategic defense. The Faragher-Ellerth defense requires showing you took reasonable steps to prevent and correct harassment—investigations prove good faith.

What a Proper Investigation Includes

  • Prompt initiation after complaint received
  • Trained, neutral investigator (internal or external)
  • Thorough interviews of complainant, accused, and witnesses
  • Review of relevant documents and evidence
  • Written report with findings and recommendations
  • Appropriate remedial action based on findings
  • Follow-up to ensure no retaliation

Attorney-Led Investigations

When an attorney leads or supervises the investigation, the process may be protected by attorney-client privilege and work product doctrine. We can conduct or oversee investigations with appropriate privilege protections.

Fee Structure for Employer Clients

We believe in transparent billing and value for your investment. Fee structures vary by project type:

Service TypeFee Structure
EEOC Charge ResponseFlat fee or hourly with estimate
Handbook Drafting/AuditFlat fee based on scope
Employment ContractsFlat fee per document type
Workplace InvestigationHourly with detailed scope
Litigation DefenseHourly with regular reporting
Ongoing CounselMonthly retainer options

Frequently Asked Questions

Contact counsel immediately—do not respond directly to the employee or their attorney. You typically have 30 days to submit a Position Statement. A strategic response can often resolve the matter before litigation. We also coordinate with your insurance carrier if you have EPLI coverage.
Documentation and consistent policy enforcement are key. Clear handbooks, regular anti-harassment training, prompt investigation of complaints, and documented performance issues create strong defenses. We audit your policies and train management on proper procedures to minimize risk.
Generally no. Oklahoma has strong public policy against non-compete agreements for employees. However, non-solicitation agreements (for clients and key employees), confidentiality agreements, and sale-of-business non-competes may be enforceable if properly drafted. We structure agreements to maximize enforceability.
This affirmative defense allows employers to avoid liability for supervisor harassment if they: (1) exercised reasonable care to prevent and correct harassment (having good policies, training, and prompt investigations), and (2) the employee unreasonably failed to use the complaint procedures. Proper policies and investigations are essential.
Usually yes, but carefully. A thorough investigation demonstrates good faith and may reveal facts favorable to your defense. However, investigation notes and reports become discoverable. We can conduct or supervise investigations with attorney-client privilege protections where possible.
At minimum: at-will employment disclaimer, EEO statement, anti-harassment policy with complaint procedure, attendance policy, discipline policy, FMLA policy (if applicable), leave policies, and electronic communications policy. Handbooks should be reviewed annually and acknowledged by employees.
Employment Practices Liability Insurance (EPLI) covers legal costs and damages from employment claims including discrimination, harassment, wrongful termination, and retaliation. For businesses with employees, EPLI is highly recommended—defense costs alone can exceed $100K even for frivolous claims.
Technically yes, if for legitimate non-retaliatory reasons—but it's extremely risky. Any adverse action after protected activity creates an inference of retaliation. Document legitimate performance issues thoroughly before taking action. Consult counsel before terminating any employee who has engaged in protected activity.
Back pay, front pay, compensatory damages (emotional distress), punitive damages, and attorney's fees. Title VII caps compensatory and punitive damages combined based on employer size ($50K for 15-100 employees; $300K for 500+). There are no caps under many state laws. Liquidated damages may double recovery under FLSA and ADEA.
Document contemporaneously (at the time, not later), be specific and factual (not conclusory), use consistent terminology, follow your own policies, give the employee opportunity to respond, and keep documentation in personnel files. Inconsistent or missing documentation is plaintiff lawyers' favorite evidence.
A Position Statement is your formal written response to an EEOC charge. It explains your version of facts, articulates legitimate business reasons for any adverse actions, and may include supporting documents. A well-crafted Position Statement can result in dismissal; a poor one creates problems if the case goes to litigation.
Defense work is billed hourly, typically at transparent rates with detailed invoices. We provide fee estimates for specific matters and offer flat-fee arrangements for compliance projects like handbook drafting and policy audits. Initial consultations discuss scope and budget considerations upfront.

Safeguard Your Enterprise

Get general counsel level support without the overhead of an in-house legal department. We help you build compliance and defend your business.

Transparent Billing

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