Should Employers Prepare Their Own Position Statements to the EEOC and Other Governmental Agencies?

When a government charge is received, such as an EEOC charge, many employers wonder whether they should utilize the services of an attorney to prepare the response. If the matter is routine, the employer may have the expertise to properly respond. In other situations, an employment attorney may provide needed protection and help achieve a successful result.

Most governmental agencies request that the employer prepare a position statement responding to allegations. This document is extremely important as it will determine defenses throughout the case. As in a criminal case, anything you state can be used against you. An experienced employment attorney can ensure that the response is complete, meets the legal requirements, and provides sufficient evidence for success. He may also be able to evaluate the weaknesses of the matter, chances of success and probable costs.

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