Defending Workplace Lawsuits

“An ounce of prevention is worth a pound of cure” - Ben Franklin

It is much less expensive to avoid a lawsuit that to defend one but that requires employers to be proactive in seeking help from an experienced employment lawyer. Preventing expensive discrimination and other forms of employee lawsuits, such as wage claims, begins before an employee is hired. Discrimination lawsuits can be caused by job advertisements and postings or things said or asked during an employment interview. Having managers properly trained in the hiring, management and termination of employees as well as clearly drafted work rules and employment handbooks are essential to avoiding lawsuits. Wage claims can result from inappropriate policies regarding overtime, break time, commission payment and termination payments.

Assisting clients in preventing and defending employee claims is an important aspect of the employment law practice at Berlinger & Small. Employers facing actual or potential employee claims benefit from our 25 years experience dealing with those matters.

To avoid costly litigation it is important that employers seek the advice of counsel before:

  • Advertising and interviewing for, offering or terminating employment
  • Making specific employment decisions that an employee might regard as negatively impacting him or her
  • Responding to an employee request under the Family & Medical Leave Act
  • Intercepting employee email sent from the employer’s computer
  • Disciplining an employee
  • Taking action as a result of disputes between employees
  • Entering into or amending an employment contract
  • Deciding to treat a worker as an independent contractor rather than as an employee
  • Making decisions about the payment of wages or commissions.

Employment discrimination claims start with filing a charge before the United States Equal Employment Opportunity Commission (EEOC) and/or the equivalent state agency-in Pennsylvania, the Human Relations Commission. Having our attorneys respond to charges makes a favorable agency determination more likely — and might avoid a subsequent lawsuit or problems arising from inadequate factual investigations. A properly prepared response might result in an early and favorable agency resolution or an economical settlement before investment of substantial time and attorneys fees in litigation. As important, legal representation before the agency will help establish a sound defense if litigation does follow.

Consulting Berlinger & Small guides management before they make employment decisions to avoid costly employee lawsuit.

Contacting us promptly after an employee makes a claim and before taking action might:

  • Avoid an Agency charge being filed and the cost, time, and fees associated with defending a charge
  • Establish an appropriate defense strategy
  • Improve the likelihood of a favorable outcome
  • Avoid fines and penalties

It is essential to retain attorneys with experience in the defense of discrimination claims who are able to provide the proper combination of candid case evaluation, effective defense strategy, and zealous trial advocacy. The attorneys at Berlinger and Small are such attorneys.

If you need legal advice call Berlinger & Small at (215) 884-6745.