Defending Businesses in Employment Cases
As an employer, you need to be very cautious as to how you proceed in terminating a disgruntled employee, in order to avoid a future claim. However, some employee lawsuits are simply unavoidable. And in these situations, it is imperative that you hire an experienced Orange County business lawyer to assist you in carefully managing the situation and preparing an aggressive defense to fight your battles in court.
There are various defenses to the many types of employment claims. Although the most successful defenses are tailored to the specifics of the employment case, below is a list of common defenses that an experienced Orange County business lawyer can use in an employment case:
- Failure to timely file the EEOC charge
- The EEOC failed to cover all the claimed categories of discrimination alleged in the employee’s Complaint
- Lack of severity in the alleged harassment
- The alleged charge of harassment did not change terms and conditions of employment
- The employee invited and participated in the sexual banter
- The terminated employee was replaced by another employee in the same category who is better qualified for the position
- There is lack of evidence of pretext
- The employee failed to ask for accommodations for his or her medical impairment
- Regardless of the accommodations, the employee was not able to perform the essential functions of his or her job duties
- There was good cause for the employee’s termination
- There was no adverse employment action and no evidence of causation
- The employee did not mitigate his or her damages
- There were other factors that contributed to the mental and emotional distress alleged in the complaint
These are only a few defenses to the numerous types of employment cases that can be brought against employers. To have the best chance of successfully defending an employment case, it is imperative that the employer hires an Orange County business lawyer who can tailor defenses to the specific facts of the case.
To learn more about the various defenses available in an employment case, call Daily Aljian, LLP at (949) 861-9500 to schedule a complimentary consultation with Orange County business lawyer Reed Aljian or Justin Daily.