A charge, demand, or agency notice
Preserve the notice and its deadline, identify the recipients, and avoid assuming that every agency response uses the same timetable.
Employment Law
Employer counsel and defense
When a workplace issue needs legal attention.
A charge, internal complaint, policy question, investigation, or termination decision is easier to manage with an organized record and a practical response. Start with the notice, the people involved, and the decision in front of you.
Tribal Supreme Court Justice
Judicial perspective
Former Oklahoma Administrative Law Judge
Prior adjudicative experience
2019–2026
Super Lawyers® Rising Stars
Oklahoma
Trial and appellate practice
A focused first review
Get the facts organized before the response hardens.
Early decisions can affect the record, employee relations, insurance notice, and the options available later. A focused review brings the immediate issue into view without treating every matter as the same.
A concern inside the workplace
Preserve the report, relevant messages, policies, and a clear account of who received the concern and what happened next.
A policy or decision question
Bring the policy, employment agreement, proposed action, and the practical constraints facing the organization.
What we handle
Counsel for the problem in front of the organization.
The right response depends on the allegation, the record, the people involved, and the decision that needs to be made next.
EEOC responseCharge assessment, preservation, position statements, agency requests, mediation, and coordination with applicable insurance.Workplace investigationsIndependent or counsel-led review of complaints, interviews, records, findings, and practical next steps.Employment contractsEmployment agreements, separation terms, confidentiality provisions, and other workplace contracts.Handbooks and policiesFocused review and drafting of policies that match the organization, governing law, and actual workplace practices.
Bring the essentials
The first conversation should make the next step clearer.
- The notice, complaint, allegation, or decision that needs attention
- The people involved and the records that may bear on the issue
- Any deadline, meeting, carrier notice, or agency communication
- The business objective and the practical constraints around it
Equal Employment Opportunity Commission response
An agency charge needs an organized response.
Receiving an Equal Employment Opportunity Commission charge is serious. A complete response may narrow the issues or support an agency no-cause or closure outcome, but it does not adjudicate the claim or prevent later suit. The notice controls the response process and timing.
- 01
Immediate assessment
Review the charge, gather facts, and assess exposure. Time is critical, so start with the notice and its stated deadline.
- 02
Investigation and documentation
Gather records, interview witnesses, and build the factual foundation for the response.
- 03
Position statement
Prepare a focused written response with the supporting documentation needed to explain the organization’s position.
- 04
Agency outcome
Seek the appropriate agency outcome, negotiate a resolution if warranted, or prepare for later litigation.
Compliance
Building a compliance foundation.
Employment disputes are easier to assess when written policies, training, records, and complaint responses match the organization's actual practice. These measures can reduce avoidable risk, but they do not decide a later claim.
Clear written policies
An employee handbook with an at-will disclaimer, Equal Employment Opportunity policy, anti-harassment policy with a complaint procedure, and acknowledgment forms.
Management training
Regular training on discrimination, harassment, proper documentation, and consistent policy enforcement.
Documentation systems
Contemporaneous, specific documentation of performance issues, coaching, and disciplinary actions.
Prompt investigations
A timely, thorough, and documented response to a complaint of harassment or discrimination.
Investigations
Workplace investigations.
A prompt investigation may be required by policy or law and can be relevant to employer liability. Where the Faragher-Ellerth defense is available, the employer must prove reasonable prevention and correction measures as one of its two elements; an investigation is only part of that analysis.
What a proper investigation includes
- Prompt initiation after a complaint is received
- A trained, neutral investigator, whether internal or external
- Thorough interviews of the complainant, accused, and witnesses
- Review of relevant documents and evidence
- A written report with findings and recommendations
- Appropriate remedial action based on the findings
- Follow-up to help prevent retaliation
Attorney-led investigations
Counsel's involvement does not automatically make investigation materials privileged or protected work product. Protection depends on the purpose, counsel's role, recipients, handling of the material, and any waiver. The structure should be decided before interviews and written conclusions begin.
Fees
Fee structure for employer clients.
We believe in transparent billing and value for the organization’s investment. Fee structures vary by project type.
| Service type | Fee structure |
|---|---|
| Equal Employment Opportunity Commission charge response | Flat fee or hourly with estimate |
| Handbook drafting or audit | Flat fee based on scope |
| Employment contracts | Flat fee per document type |
| Workplace investigation | Hourly with detailed scope |
| Litigation defense | Hourly with regular reporting |
| Ongoing counsel | Monthly retainer options |
Questions, answered plainly
Before you reach out.
What should I do if I receive an EEOC charge?
Read the deadline in the charge notice and preserve relevant records immediately. The EEOC generally gives a respondent 30 days when it requests a position statement, but the notice controls and an extension is not effective unless granted. Notify any Employment Practices Liability Insurance carrier and have counsel assess the response. A position statement can shape the investigation; it does not adjudicate the charge or prevent later suit.
How can I prevent EEOC charges in the first place?
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.
Are non-compete agreements enforceable in Oklahoma?
Oklahoma generally restricts employee noncompetes. Sale-of-business and dissolution restraints, employee nonsolicitation, and direct customer solicitation are governed by different provisions of Title 15. Enforceability depends on the exact text, relationship, conduct, and current law.
What is the Faragher-Ellerth defense?
When supervisor harassment did not culminate in a tangible employment action, an employer may be able to assert the Faragher-Ellerth defense. The employer must prove both that it used reasonable care to prevent and correct harassment and that the employee unreasonably failed to use available preventive or corrective safeguards. The defense and employer-liability analysis depend on the facts.
Should I conduct an internal investigation before responding to an EEOC charge?
Often, but the scope and structure matter. Investigation materials are not automatically discoverable or privileged. Attorney-client privilege and work-product protection depend on the investigation's purpose, counsel's role, recipients, and any waiver. Preserve relevant records and decide the process before interviews or written conclusions begin.
What should our employee handbook include?
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.
What is EPLI and do I need it?
Employment Practices Liability Insurance may cover specified employment claims, but coverage varies by policy. Review covered claims, exclusions, retention, defense control, consent requirements, and notice duties with a qualified broker or coverage lawyer. A claim should be reported according to the actual policy rather than a general webpage.
Can I fire an employee who filed an EEOC charge?
An employer may take a legitimate action for reasons unrelated to protected activity, but close timing, inconsistent treatment, shifting explanations, and other evidence can support a retaliation claim. The analysis depends on the protected activity, materially adverse action, causation standard, and the employer's actual documented reason. Obtain claim-specific advice before acting.
What damages am I exposed to in an employment lawsuit?
Remedies depend on the statute, claim, employer, and proof. They may include back pay, front pay, compensatory damages, punitive damages, liquidated damages, fees, or equitable relief. Title VII uses employer-size caps for combined compensatory and punitive damages, while back pay and front pay are treated separately; other federal, Oklahoma, and contract claims use different rules. Exposure must be mapped claim by claim.
How do I properly document employee performance issues?
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.
What is a Position Statement and why is it important?
A Position Statement is the employer's formal written response to an EEOC charge. It explains the relevant facts and defenses and identifies supporting records. It can affect the agency's investigation and cause, no-cause, or closure decision, but it does not adjudicate the claim or prevent the charging party from later filing suit.
How much does employer defense representation cost?
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.
Separate roles. Clear boundaries.
The firm separately represents employees in selected workplace claims and advises employers and tribal governments. Every inquiry is screened for conflicts, and the firm does not represent both sides in the same dispute.
Employer counsel and defense
Bring the immediate issue into focus.
We will start with the notice or decision in front of you, the record that needs attention, and the practical next step for the organization.
Discuss the matter
Free initial consultation. No obligation.