Having an experienced and skilled employment defense attorney on your side is crucial when dealing with a wage and hour claims. Specifically, a skilled attorney will investigate the facts underlying an employee’s allegations and develop effective counterarguments and affirmative defenses to protect an employer’s legal interests. A lawyer needs to prove that the employer acted in good faith, the employee qualified as exempt under the applicable wage laws, or the employee waived his or her rights.

Failure to comply with the federal and state wage and overtime guidelines can subject employers to stiff fines, penalties and expensive lawsuits, depending upon the nature of the alleged violation. Moreover, employers can also be forced to reimburse employees for any unpaid wages. The best way for a business to avoid these issues is to keep as accurate a set of records as possible and ensure all managers responsible for personnel thoroughly understand applicable wage and hour laws.

• Don’t try to get the last word in with potential accusers. Treat them objectively and do not become angry or vengeful towards them.
• Don’t second guess an employee who reports an incident of sexual harassment. Take the information very seriously and advise them that immediate action will be taken to address the situation.
• Initiate an investigation of the accusation, including the source and the context in which statements were made.
• Take the legal stance of innocent until proven guilty. Meaning, do not treat the accused any differently until the investigation is completed.
• Keep the accusations confidential. Having the accused maligned by rumors or subjected to a potentially hostile work environment can create further legal complications for employers.
• Contact an experienced labor and employment attorney who can assist employers in determining an appropriate course of action to investigate sexual harassment claims and how to discipline the offender appropriately.

An Ounce of Prevention…

Unfortunately, courts and juries do not look favorably upon employers who fail to take proactive measures to prevent sexual harassment in the workplace. As such, the following suggestions may help employers avoid liability for sexual harassment:

• Develop a comprehensive anti-harassment policy, including one that addresses same-sex harassment.
• Provide harassment training for all employees, including new hires and those in supervisory positions.
• Disseminate information throughout the workplace about the company’s anti-harassment policies and procedures, and make sure that all employees have are properly notified about them, whether through memos, letters, employee handbooks or employee meetings.

Contact an experienced employment law attorney who can advise you of all the additional steps necessary to protect your company.

• Demotion
• Withheld promotions
• Decreased wages
• Decreased benefits
• Threats
• Intimidation
• Employer harassment
• Change in job duties (usually that they become more difficult)
• Wrongful termination

Even if an employer has a valid business reason to either discipline or terminate an employee, they nonetheless face the prospect of costly fines and other legal consequences if they cannot prove the legitimacy of their actions. In other words, defending against discrimination claims involving worker’s compensation can be extremely challenging, requiring the assistance of a seasoned labor and employment defense attorney to help vindicate employers of alleged wrongdoing. Through investigating the alleged injury, reviewing an employer’s workplace policies and procedures, as well as examining the events leading up to the allegations, a skilled attorney will build a strong defense from the bottom up and maximize an employer’s chances of obtaining a favorable outcome.

Being an employer is not always easy, and sometimes that means having to either discipline or terminate employees for a variety of legitimate reasons. While some employer-employee conflicts are to be expected – especially in companies with numerous employees – dealing with an employment discrimination case is a serious legal matter. Although the best way to avoid this problem is through compliance, sometimes it just isn’t enough. Employees can and often do file false claims against their employers, which can have severe consequences if not properly addressed.