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, but a strategic response can resolve the matter before litigation. 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
Resolution
Pursue dismissal, negotiate a resolution if appropriate, or prepare for litigation.
Compliance
Building a compliance foundation.
Most employment lawsuits are won or lost long before an employee files a complaint. The companies that avoid unnecessary exposure tend to have these elements in place.
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 proper investigation can be both a legal requirement and a strategic defense. The Faragher-Ellerth defense requires showing reasonable steps to prevent and correct harassment; a sound investigation can help show good faith.
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
When an attorney leads or supervises an investigation, the process may be protected by attorney-client privilege and work-product doctrine. We can conduct or oversee investigations with appropriate privilege protections.
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?
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.
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?
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.
What is the Faragher-Ellerth defense?
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.
Should I conduct an internal investigation before responding to an EEOC charge?
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.
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 (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.
Can I fire an employee who filed an EEOC charge?
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.
What damages am I exposed to in an employment lawsuit?
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.
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 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.
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.