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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33153
Experience:  Began practicing law in 1992
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We have received a Charge of Discrimination from the Texas

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We have received a Charge of Discrimination from the Texas Workforce Commission - Civil Rights Division. It is from an Ex-Employee that quit via text message back on 1/11/2013. Her claim is PERSONAL HARM. "During my employment, I was subjected to sexual harassment and to a hostile work environment by Supervisor, XXXXX XXXXX, with the most recent occurance on 1/04/2013, the day I was suspended". That is all the complaint has in it for now. This is the first time I or my company have ever been involved in anything like this and do not completely know how to proceed. The letter states the charge is eligible for mediation, a form of Alternative Dispute Resolution (ADR), but we are not sure if that is the right way to go. If we decline mediation, they will assign the complaint to an Investigator and we will just be responsible for providing requested documentation by a specific date. What would be the recommended path? Knowing this employee, there will be no resolve in mediation.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Do you have a lawyer representing your company yet?

Customer:

No

JD 1992 :

That's the first thing to do.

Customer:

That was another question, is this something that needs to be represented by a lawyer?

Customer:

OK

JD 1992 :

It is a much better idea to be represented for a number of reasons.

JD 1992 :

They can still file a charge of discrimination with the EEOC as well, but that has to be done within 300 days in Texas. The lawyer may be able to stretch this out past that date and cut off one potential area of liability.

JD 1992 :

The lawyer also knows how to phrase things to get the best results.

JD 1992 :

You have to answer a lot of questions and provide a lot of different documents and knowing how to phrase this just right makes it less likely the ex-employee would succeed.

Customer:

Ok, then we will reach out to an attorney and go from there.

JD 1992 :

It is actually pretty hard for an employee to win these kind of cases in Texas so long as the employer doesn't mess up.

JD 1992 :

Anything else I can assist you with?

Customer:

No that is great information. Thank you.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Customer:

I sure will!

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