Defending Employers Against Claims Of Discrimination, Wrongful Termination And Related Claims

Discrimination, retaliation and wrongful termination are major areas of legal risk for employers. According to the Equal Employment Opportunity Commission, an average of 86,000 employment discrimination claims are filed each year nationwide.

Defending against those claims – and related claims such as harassment, retaliation and wrongful termination – can be a major drain on time and resources for employers. Partnering with the right legal counsel can go a long way toward alleviating that burden and increasing your likelihood of a successful outcome.

Navigating High-Stakes Employment Claims

At Rediger Labor Law, we help California employers address these claims with a high degree of skill and dedication. Our lawyers draw on decades of experience in labor and employment law to help employers navigate proceedings before the EEOC, the California Department of Fair Employment and Housing (DFEH), and state and federal courts. As seasoned litigators, we have successfully secured many favorable outcomes for employers, including precedential decisions by California courts.

Employers in a wide range of industries rely on us for guidance on employment issues involving:

• Discrimination: We can help you address complaints of employment discrimination on grounds of race, religion, sex/gender, sexual orientation, disability, pregnancy, national origin, age and other protected grounds.
• Harassment: Frequently, these claims involve allegations of a hostile work environment due to ongoing discrimination on grounds of sex/gender, sexual orientation, race or religion.
• Retaliation: Discrimination or harassment claims are often tied to retaliation – that is, allegations that you retaliated against them for reporting discrimination, harassment, unfair pay or wrongful treatment. Retaliation can include any type of adverse employment action, from pay cuts to unfavorable shifts or assignments to termination.
• Wrongful Termination: California is an at-will employment state, meaning that in the absence of a contractual arrangement indicating otherwise, you can terminate employees at any time, for any reason. However, there are numerous exceptions. Wrongful termination claims often involve allegations of discrimination.

These high-stakes claims can impact not only your reputation as a business, but also your employee morale and your bottom line. Our lawyers are sensitive to those concerns. We can help you navigate them with thoughtful, proactive strategies.

FAQs: California Labor Law Defense For Employers

Employers facing discrimination, harassment, retaliation or wrongful termination allegations must respond with precision and a clear understanding of California’s regulatory framework. The following questions and answers speak to common concerns Sacramento employers face when an employee alleges mistreatment.

What should we do immediately after an employee threatens a discrimination or wrongful termination lawsuit?

A wise first step for employers is to gather all relevant documents, communications and personnel records to preserve information that could be lost. It is also important to avoid making reactive statements or taking adverse actions that could be characterized as retaliatory. Leadership should notify internal HR or compliance personnel promptly so the concern can be evaluated objectively.

Employers benefit from consulting an employment lawyer early to assess the situation, guide internal communications and determine whether an investigation or corrective action is appropriate. Taking these steps helps maintain compliance and reduces the risk of escalating the dispute.

What are the typical steps an employer must take after receiving a formal DFEH or EEOC complaint in California?

California employers must respond promptly and methodically when a complaint is filed with the DFEH or EEOC. The process requires careful coordination to protect your legal interests and comply with agency requirements.

Essential steps include:

• Review the complaint to understand the allegations and the scope of the inquiry
• Preserve relevant evidence like emails, personnel files and internal communications
• Identify and interview employees who may know about the events at issue
• Gather policies, handbooks and training records that relate to the allegations

Contacting an employment law attorney is also a critical step. They can help ensure that every response is accurate, compliant and strategically sound.

Will my employment practices liability insurance (EPLI) cover defense costs?

It depends on your policy. Coverage varies by policy, but many EPLI plans provide defense support for claims involving discrimination, harassment, retaliation or wrongful termination. Review your insurance documents carefully to determine if defense costs are included. Notify your carrier about the matter promptly because late reporting can affect coverage.

Since insurance documentation often includes dense technical language, it is natural to feel confused about your policy. We focus exclusively on employer defense and can help you understand any exclusions, deductibles or panel counsel requirements that may apply.

Learn More About Working With Our Team

We invite you to review our many outstanding client reviews to learn more about the benefits of working with our firm. You can also take the next step by requesting a free consultation. Call our Sacramento office at 916-374-6581 to get started.