Members of the American workforce have put great effort into asserting their rights, especially in recent years. The growing awareness of employee rights makes it somewhat easier for workers to find resolution, which is a positive thing for all employees.
Still, with so much focus on employee rights, many California employers feel very disadvantaged. Some are even afraid to fight back when employee misunderstandings or even outright false allegations arise.
You have options for protecting your company
You may think that acquiescing to the demands of an employee threatening to sue will remedy your situation. However, resolving your problem through the legal system remains the ideal way to protect your business. Some situations that look like discrimination to a worker do not necessarily mean that an employer acted outside of the law.
You may be able to use an affirmative defense against accusations of discrimination. It can help to pull out the employee’s records and look for evidence to disprove the allegations. This can include:
- Any discrimination complaints reported by the employee
- The worker’s timesheets and company history
- Performance evaluations of the employee
- Records showing promotions and other benefits the worker earned
- Any disciplinary actions involving the employee
- Documented evidence of workforce complaints involving the employee
After gathering your records, search for patterns that can prove your side of the situation. For example, if the employee’s work history shows they always received positive performance reviews, pay raises and promotions, they may have trouble proving discrimination.
We also recommend familiarizing yourself with California workplace discrimination laws and regulations. The more you know about employment law, the better equipped you are to defend your business.