If Your Business Faces a Discrimination Lawsuit in Massachusetts: What To Do
What to Do If You Are Sued for DiscriminationIn Massachusetts, allegations of discrimination by an employee can have serious consequences for your business. These lawsuits can damage your reputation, result in financial losses, and even lead to legal penalties if not handled properly. It's crucial to act swiftly and judiciously to address these allegations. This guide will walk you through the steps to take if your business faces a discrimination lawsuit. For more information, review our page on what to expect as a defendant in civil litigation.
Understand the Factual AllegationsBegin by thoroughly understanding the allegations made by the employee. Carefully review the complaint and any supporting documents. Knowing the specific claims against your business, and what facts the employee is relying on, is essential for building an effective defense.
Understand the Basics of an Employment Discrimination ClaimWhen facing an employee's discrimination claim, it's crucial to establish a valid, non-discriminatory rationale for your decisions. To do this effectively, it's essential to meticulously examine the employee's records and all relevant documentation. This includes gathering evidence related to termination, disciplinary actions, or any other issues raised in the complaint.
Don't be concerned if your interactions with the employee have been informal, and you haven't issued a written warning or followed a formal disciplinary process. Any documentation highlighting concerns regarding the employee's performance or behavior can significantly bolster your defense. Consult with an Employment AttorneyEmployment law can be complex, and discrimination lawsuits require a specialized legal approach. Consult with an experienced employment attorney in Massachusetts who can assess the merits of the case, provide legal advice, and guide you through the process.
In a discrimination lawsuit, early consultation with an attorney is essential. This allows you to gather pertinent facts, assess your potential liability, and formulate a strategic legal approach. An attorney can often assist in securing an extension for your response deadline, which may be as brief as 20 days. This extension provides valuable time to carefully evaluate your optimal course of action. Preserve Relevant EvidencePreserve all electronic and physical evidence related to the case. Avoid altering or deleting any information that may be relevant to the lawsuit. Failure to preserve evidence can have serious legal consequences. This is true even if, and especially if, the evidence is potentially harmful to your case.
Notify Your Insurance ProviderNotify your business insurance provider about the discrimination lawsuit. Your insurance policy may provide coverage for legal expenses and potential settlements. Failure to inform your insurer promptly could jeopardize your coverage.
Develop a Legal Strategy and Evaluate Your RiskWork closely with your employment attorney to develop a tailored legal strategy. Consider the specific circumstances of your case and explore potential defense strategies.
An essential component of this process involves risk assessment and the exploration of a potential settlement strategy. Your attorney can provide insights into potential damages in the event of an unfavorable outcome, defense costs, and the strength of your legal defenses. While it's natural for many business owners to feel upset when facing a lawsuit and reluctant to consider settlement, this early stage often presents the best and most cost-effective opportunity for exploring such options. Stay Calm and Maintain PerspectiveMaintain professionalism and composure throughout the legal process. Avoid any form of retaliation against the suing employee, as this can escalate the situation and lead to additional legal troubles.
Keep in mind that discrimination claims inherently involve varying perspectives on the same events. In many cases, employers facing discrimination claims may not believe their actions were discriminatory or had any discriminatory intent. However, it's common for the perspective of the complaining employee to differ. |
We're Here to Help.OR
|
Questions About a Discrimination or Harassment Claim?
Our Solutions Roadmap is a quick and easy way to share the details of what you are facing and receive preliminary feedback from a member of our team. Use the button below to get started- it is 100% confidential and 100% free.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our team of seasoned employment attorneys in Massachusetts is dedicated to assisting you in navigating the complexities of discrimination lawsuits. We provide expert guidance in assessing your case, formulating a robust defense, and exploring cost-effective settlement solutions. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
Emily Smith-Lee Rated by Super Lawyers loading ... |
Jenna Ordway
Rated by Super Lawyers loading ... |