The law offices of Moody & Warner, P.C., provides skilled legal guidance to business and employers dealing with discrimination issues. Not only do we represent employers in disputes or claims that may arise, we provide proactive and practical guidance in managing employees, creating a work environment that mitigates the risk of these claims in the future.
Employment Discrimination Information For Employers
Many employers are blind-sided by discrimination claims, unsure of what they could have done to cause this. Others have long suspected that a disgruntled employee may try to claim discrimination or harassment because of a protected status such as race, age, gender, disability, orientation, ethnicity, color or country of origin.
It is in your best interest to immediately begin documenting all interaction you have with the employee, including emails, conversations and actions taken. For instance, if an employee is always late, make documentation of the tardiness, showing that action taken was based on the employee's behavior. In employment discrimination cases, the burden of proof lies on the employee, meaning that the employee bringing the suit must prove to the court that the discrimination occurred. Your account of the interaction can help to show the court the claim is false and that you acted appropriately.
Our attorneys will help you put together a sound case, based on the facts and evidence, protecting your interests and your company.
Do I Have To Give Employees A Reason?
According to law, in a state with at-will employment, the employer can choose to fire an individual at any time. The exception is if the employer is firing the employee due to a protected status or in retaliation against whistleblowing or reporting of illegal behavior.
While the employer can technically fire an employee at-will, it is not necessarily in the employer's best interest to do so. From a business perspective, this kind of action creates distrust and fear among the remaining employees and a diminished morale.
Our attorneys provide you with the answers and information you need to make decisions that will protect you legally, but we also offer guidance as to best-practices and ways to go about these decisions in the best long-term interests of your company.
To learn more about how our lawyers can assist you in handling any discrimination or harassment issues that might arise, please contact our Albuquerque, New Mexico, law firm today at 505-227-8343.