EEOC claims can be a massive nuisance for many employers, especially when the claim that is filed has no grounds in reality. It can not only cost you money but your precious time as well. Going into these claims headfirst is never a good idea, particularly if it is your first time dealing with this sort of stuff. You might think that you are in the correct, and you might be, but explaining your side of the story to the EEOC is harder than it looks on the surface. You might even need the help of an EEOC lawyer. Regardless, here are a few tips and ways to handle EEOC.
Provide every single detail:
When presenting information in front of EEOC, don’t leave out anything. Don’t assume that something is a given. Don’t assume that something is too obvious for an explanation. And most importantly, never assume that the EEOC knows anything about you or your business. Keep in mind that you are there because of what someone else told them and not because they know what you did.
There is a popular phrase for this situation, and that is to explain everything like a two-year-old. Tell them about your line of work. This, in most cases, helps the EEOC understand why you did what you did and whether your actions were justified or not. Another thing to avoid is industry jargon. EEOC investigators are not required to know everything about every industry on the planet. So, explain everything in plain and detailed words, and make the investigator’s life a little easier.
Give the whole truth:
Employers often avoid giving out the truth, or more often, a part of it that changes the entire meaning of the complaint. You won’t gain anything from hiding something from the EEOC. Lying or hiding a part of the truth will only make you look bad when the truth eventually does come out. This will lower your chances of winning drastically, and the legitimacy of everything else you told the EEOC will be brought into question.
If you fired someone for misconduct or poor performance, tell the EEOC. If part of the reason for the laying of an employee was company finances, then be honest about it. You have nothing to gain from obfuscating the truth. Even if the truth appears to favor the complaint, it will be better than misleading the case.
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