Sorting the matters that arrive
Employers in New York may hear from the EEOC, the state Division of Human Rights, the New York City Commission on Human Rights, the state Department of Labor, the federal Wage and Hour Division, or the National Labor Relations Board, as well as from lawyers for current or former employees. Each forum has its own response deadlines and procedures, and a short window to answer an agency is common. A position statement or an early letter can shape the whole matter, because it is often compared with what the company says later. Some notices, such as a subpoena or a document request in a wage audit, carry obligations that apply before anything has been decided. Treating each notice as routine paperwork is one of the more common mistakes.
Insurance, holds, and internal communication
Employment practices liability insurance often requires prompt notice of a claim, and late notice can complicate coverage, so check the policy as soon as something arrives. Put a litigation hold in place for the email, chat, phones, and HR files of the people involved, and suspend routine deletion. Limit internal discussion to those who need to know, and remind managers that retaliation against someone who filed a complaint is prohibited. If several employees raise similar issues, the matter may be heading toward a group claim, which changes the approach. Severance or separation agreements offered while a charge is pending should be reviewed, because a release cannot bar a person from filing with or assisting an agency.
Choosing a strategy for each matter
Some matters call for a full defense, some for early resolution, and many for a period of investigation before choosing. We review the documents, interview the decision-makers, and check whether arbitration agreements, releases, or prior settlements affect the claim. We also look at whether the issue reflects a policy or pay practice that should be corrected going forward, since fixing it can reduce later exposure. A first meeting aims for a clear plan for each open matter and its deadlines.
