Defending our clients' business, reputation, and environment.

Midwest Legal Partners PLLC understands how costly and damaging an employment lawsuit can be on an employer's business goals, work environment, and reputation. We work closely with employers to prevent such lawsuits; however, when they arise, we immediately take action to protect our clients' interests and whenever possible, we seek an early dismissal of the case through motions to dismiss or summary judgment.
Whether we are preparing for trial or negotiating with opposing counsel to reach an efficient result, we aggressively work towards a positive outcome for our clients. No matter how complex the litigation may be, we stay accessible to our clients virtually 24 hours a day, 7 days a week.
Whether we are preparing for trial or negotiating with opposing counsel to reach an efficient result, we aggressively work towards a positive outcome for our clients. No matter how complex the litigation may be, we stay accessible to our clients virtually 24 hours a day, 7 days a week.
Employment Lawsuit Statistics
The U.S. Equal Employment Opportunity Commission ("EEOC") reports annual statistics regarding the total number of discrimination charges filed by individuals. In the 2010 fiscal year, the EEOC reported nearly 100,000 discrimination charges filed. 2010 marked the highest number of discrimination charges the EEOC has ever received in one year. Moreover, that number does not reflect the fact that individuals often file charges claiming multiple types of discrimination (race, sex, age, disability, equal pay, genetic information, national origin, pregnancy, color, religion, retaliation, and sexual harassment). Additionally, the EEOC reported that it obtained over $400 million in monetary benefits for individuals in 2010, which is the highest amount in EEOC history. Factors that will likely continue to cause employers to face employment lawsuits: I. Cutting HR and Legal budgets to save costs. II. Increased layoffs, reductions in force, and terminations. III. Expanded state and federal legislation. IV. Poor economic conditions. V. Reduced compliance training and reviews. VI. High unemployment rates. VII. Lack of experience and knowledge regarding complex employment laws, including the following: Title VII of the Civil Rights Act of 1964 The Family and Medical Leave Act (FMLA) The Equal Pay Act of 1963 (EPA) Employee Retirement Income Security Act (ERISA) Title I of the Americans with Disabilities Act of 1990 (ADA) Employee Retirement Income Security Act (ERISA) The Age Discrimination in Employment Act of 1967 (ADEA) Occupational Safety and Health Administration Act (OSHA) The Pregnancy Discrimination Act Sections 501 and 505 of the Rehabilitation Act of 1963 The Genetic Information Nondiscrimination Act of 2008 (GINA) Fair Labor Standards Act (FLSA) |
Employment Litigation Model
At Midwest Legal Partners, we believe that preparing for employment litigation does not start after a complaint is served on an employer, it starts when an employer hires its first employee and continues every day thereafter. Investing time, resources, and effort in developing efficient, effective, and compliant workplace procedures and policies should be a starting point in preparing for and preventing litigation. However, even with proper employee policies, management, procedures, training, and other safeguards in place, an employer can still face damaging and often frivolous employment lawsuits. At that point, an employer must make prompt and informed decisions. Our litigation model focuses on the following:
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Important Questions to Consider:
1. Does your business have an employee handbook? If so, has it been reviewed or updated recently? 2. Does your business stay informed of changes in state and federal employment laws? 3. What does your business do when it is faced with a workplace issue? 4. Does your business have periodic employment law training sessions? 5. Does your business have an experienced, trained, and skilled HR department? 6. Has your business faced (and/or continues to face) damaging employment lawsuit(s)? 7. Does your business have specific policies and procedures in place to address workplace issues? 8. Do you or your business' managers know what discrimination, harassment, and other legally defined terms really mean? 9. Do you have employment agreements in place? If so, who drafts them? 10. Who answers employment law questions within your business when they arise? 11. Does your business wait to contact an attorney only if a lawsuit has been filed against it? Did any of the questions above make you pause and think? Contact us to discuss these questions in detail and possibly design an action plan. |