Winning EEOC Claims:

The Crucial Role of Attorneys at Every EEOC Step

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Winning EEOC Claims: The Crucial Role of Attorneys at Every EEOC Step

Each of these steps emphasizes the vital role an attorney plays in guiding clients through the EEOC process, from the initial evaluation to potential appeals, ensuring that their rights are protected and their case is presented as effectively as possible.

  1. Attorney Investigation and Assessment: An attorney’s first task is to conduct a thorough assessment of your case, examining all the facts and the applicable law. They identify the key elements that align your situation with EEOC criteria, ensuring a solid foundation for your claim. This stage involves not just legal analysis but also strategic planning, considering how to present your case most effectively. The attorney’s experience with similar cases provides invaluable insights into potential outcomes and the best approach to take.
  2. Filing an EEOC Charge: Drafting and filing the EEOC charge is a task that requires precision and legal expertise. An attorney ensures that the charge comprehensively covers all aspects of your claim, including detailed accounts of the discriminatory actions. They understand the importance of timelines and procedural accuracy, ensuring that your filing meets all necessary legal standards. This step sets the tone for your entire case, making it crucial to have an expertly crafted charge. Notice: We do not do a “check the box” Charge, rather an MKO Charge looks very similar to a full length Complaint as would be filed in a court of law. This is incredibly helpful in advocacy and ultimate resolution of your case.
  3. EEOC’s Investigation and Finding of Good Cause: The stages of “Receiving the Notice of Right to Sue” and a “Finding of Good Cause” by the EEOC are distinct yet pivotal points in your case. A Finding of Good Cause indicates the EEOC’s belief that discrimination likely occurred, which is a crucial element in building your case. However, receiving the Notice of Right to Sue marks the transition where you can pursue legal action in court. At both these stages, your attorney’s role is vital. They assess the implications of the EEOC’s findings and the Notice of Right to Sue, advising you on the feasibility and potential success of a lawsuit. This assessment includes a realistic view of what to expect in court and how to best prepare for the legal journey ahead. An attorney’s expertise and understanding of the legal landscape are instrumental in navigating these stages, ensuring that your decision to proceed with litigation is well-informed and strategically planned.
  4. Mediation or Conciliation (if applicable): In mediation or conciliation, your attorney represents your interests, aiming to negotiate a fair and adequate settlement. They bring negotiation skills and legal knowledge to the table, often achieving better outcomes than what an individual might secure alone. This process requires a balance of assertiveness and compromise, and an attorney’s experience in such negotiations is invaluable. Your attorney ensures that any agreement respects your rights and adequately addresses the harm you’ve suffered.
  5. Receiving the Notice of Right to Sue: Receiving the Notice of Right to Sue is a crucial juncture in your case. Your attorney will assess the implications of this notice and advise you on the feasibility and potential success of a lawsuit. They provide a realistic assessment of what to expect in court, preparing you for the steps ahead. This decision-making process benefits greatly from an attorney’s experience and understanding of the legal landscape.
  6. Filing a Lawsuit: When moving forward with a lawsuit, your attorney’s role becomes increasingly complex and vital. They are responsible for preparing legal documents, articulating your case in court, and managing all procedural aspects of litigation. This stage involves extensive legal research, evidence gathering, and witness preparation. An attorney’s skill in courtroom advocacy and legal strategy plays a critical role in seeking a favorable verdict.
  7. Settlement or Trial: Whether in settlement discussions or at trial, an attorney’s objective is to maximize your compensation and legal redress. They evaluate each settlement offer critically, ensuring it aligns with the severity of your case and your long-term interests. In trial settings, they present your case with persuasive arguments and expertly handle cross-examinations. Their expertise is crucial in articulating the impacts of the discriminatory actions and arguing for appropriate remedies.
  8. Judgment & Settlement Enforcement: In cases where a judgment is issued by the court, your attorney will take steps to enforce this judgment. This may include initiating collection processes or taking legal action to ensure compliance by the employer. They understand the legal mechanisms available to enforce judgments and will work diligently to ensure you receive what you are entitled to. If a settlement is reached, either during the EEOC process or through court-mediated negotiations, your attorney ensures that all agreed-upon terms are honored. They monitor compliance and are prepared to take legal action if the employer fails to meet their obligations under the settlement agreement.
  9. Addressing Long-Term Retaliation and Other Issues: A crucial aspect of post-trial representation is guarding against long-term retaliation from the employer and addressing any subsequent issues that may arise. Your attorney remains vigilant, ready to provide legal advice and representation if you face retaliation or if other employment-related issues emerge post-resolution.
  10. Appeals and Ongoing Legal Support: In cases where an appeal is necessary, or if further legal action is required, your attorney continues to represent your interests. This stage demands extensive knowledge of appellate law and a strategic approach to litigation. Your attorney’s expertise is vital in navigating these complex legal waters, ensuring that your rights remain protected and that the outcome of your case is favorable.

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We offer actual employment lawyer (not staff) consultations with local Pennsylvania attorneys from 7am to 7pm Monday through Friday, and 8am to 3pm on Saturday and Sunday. We are always happy to give advice to everyone, even if we can’t represent you.

Get The Damages and Compensation You Deserve

If you were fired, laid off, or you suffered any other adverse employment action due to unlawful conduct, you may be eligible to pursue compensation for:

  • Back Pay: Compensation for earnings lost from the date of unlawful termination or adverse action, including salaries, bonuses, and other earnings.
  • Future Lost Earnings: Compensation for potential future earnings lost due to the long-term effects of unlawful termination or adverse action.
  • Emotional Distress: Covers mental anguish and emotional trauma caused by the employer’s unlawful actions, recognizing the impact of non-physical injuries.
  • Pain and Suffering: Addresses both physical and emotional pain from the employer’s actions, including stress and impacts on quality of life.
  • Compensatory Damages: Reimbursement for expenses directly related to the violation, such as medical costs, therapy, and job search expenses.
  • Liquidated Damages: Often awarded in wage violation cases, calculated as double the back pay owed, to penalize the employer.
  • Punitive Damages: Awarded in cases of particularly egregious employer conduct, intended as punishment and deterrence.
  • Attorney’s Fees and Costs: Recoverable legal representation costs, including attorney’s fees and litigation expenses, if you win the case.

 

 

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“Providing you a path forward in your life, career, and recovering the compensation you deserve.™” 

MKO is a “boutique firm” which means that we focus on a niche area and offer highly specialized services to clients who are looking for the personal touch within our area of expertise: Employment Law. Boutique law firms are not a general practice or one-stop legal shop, and that’s a good thing. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that primarily practices the area of law that you need. If that’s all they do, chances are, they do it very well. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™” Confidentiality is key, for everyone. Are you a victim? MKO’s employment lawyers are always available for the clients. You can contact us anytime for a case assessment and evaluation. 

Ten Reasons You Want MKO As Your Employment Counsel

1. Focused Employment Law Practice

MKO is a “boutique law firm” which means that we concentrate on this niche area and offer highly focused employment law services to clients who are looking for the personal touch. Boutique law firms are not a one-stop legal shop, and that’s a good thing. While a long roster of diverse legal services may look impressive on paper, it’s fairly pointless in practice. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case.  Look for a law firm that only practices in the area of law that you need. If that’s all they do, chances are, they do it very well.

2. Technology Driven & Experts in the Cloud

We provide immediate legal consultations, operate a paperless law firm, use advanced cloud storage, digital signatures, electronic forms, and can review your documents using screen share technology instantaneously. MKO is technologically savvy, nimble, flexible, and efficient. 

We are not confined to our office, chained to a desktop computer, or burdened with IT maintenance. Thanks to the smart use of technology we can focus on providing our clients with the best representation possible. By streamlining our practice we can focus on what our clients hire us to do – advocate on their behalf and work diligently toward a desired result.

3. Legal Advice Instantly From The Comfort of Home

MKO can provide superior legal services through adaptive use of new technology and provide the majority of legal assistance while you are comfortably working from your home. It just also happens it's better, easier, and faster for our clients - they really appreciate it. We seamlessly and interactively collaborate with you in a relaxed environment where you have all of your files in your immediate control. We find this is the absolute best way to provide legal advice to our clients on complex legal issues, hands down.

The old style of coming into our office with binders of disjointed and unsearchable paperwork, of which we to organize and figure out on the fly, is incredibly wasteful, time-consuming, inefficient, and not highly productive. Because of our integration with technology, we are ready to work with you on highly intricate matters on a moments notice, no matter where you (or we) are.

4. Discreet When Necessary

While many cases require that we go to court to seek justice, there are a substantial number of disputes that need to be handled discreetly. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™”

Confidentiality is key, for everyone. 

5. Experience, Professional, & Integrity

Through representing and managing thousands of employment situations, rest assured there is help or a path forward for your situation. For example, Partner Christi Wallace has personally represented over 1000 clients and has managed hundreds more for associates that worked for her in just her first 10 years!

6. Highly Responsive Attorneys

We always get the question, "If I choose to have you represent me, will it be difficult for me to get in touch with you?"

Absolutely not, we even make ourselves available to clients beyond our normal business hours! Further, when you call us your attorney answers, not a secretary who puts you on hold for 20 minutes, then tells you that you can leave a voicemail for your attorney. Besides the MKO office phone number, our clients can contact their attorney via mobile, SMS & texting, business email, and an urgent emergency email. For example, we can often respond to a text message in just a few minutes. Experience a better, faster, and more efficient way to work with an attorney. MKO believes that clients can and should depend on the fact that we’ll respond quickly.

7. Attorneys Available 74+ Hours Per Week

Employment Attorneys are available at least 74 hours per week by phone, email, and text messaging. Don't be fooled by marketing, many law firms are using non-attorney 3rd party answering services and advertising "Phones Answered 24 Hours A Day, 7 Days A Week." We pick up our own phones, respond to our own emails and text messages, and use real attorneys, 74+ hours per week. 

M-F 7am-7pm
Sat/Sun 8am-3pm

8. Practical Advice From Seasoned Professionals

MKO strongly believes that every situation is distinctly unique and therefore we must endeavor to find the right solution for that particular issue. Because we are a boutique employment law firm, we strive to find unique and innovation solutions for our clients in every circumstance. We take action when necessary, put together deals when possible, and work with our clients so we can be creative and find smart solutions instead of needless litigation. We want to protect your interests now and in the future.

9. Contingency Representation

Contingency Legal Representation is where you do not have to pay your lawyer up front. This is fantastic if you are offered this option. Lawyers and litigation costs are incredibly expensive if you pay hourly. With contingency representation, you are not faced with large legal bills and expenses that are daunting and causes slow downs while waiting for a retainer to be replenished. Further, when you're offering to pay anyone up front and hourly, it seems they'll take almost any case - so long as they are getting paid. Funny how that works. Here's how we help:

  • People can afford an attorney. – Without the benefit of contingency, it would be very difficult for a person who was recently separated from their job to afford an employment lawyer.
  • MKO only gets paid if there is a recovery.  – We put our money where our mouth is, if we don't get a recovery, you don't owe legal fees and costs.
  • Contingency representation says something about your case. – Considering MKO only will get paid if there is a recovery, you can assume we like to cases that we believe have merit.
  • Helps people can move on with their lives – Instead of racking up debt to pay for legal help, our contingency representation lets you move on with your life as we deal with the legal stuff. This is exactly what MKO stands for, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™"
10. Keeping Costs Low To Focus On Your Case

Our clients understand that their representation is are far more important than an expensive address. Some law firms might be battling an extremely burdensome and large cost overhead. In other words, to survive, they may need to be a "factory firm" or "volume practice" that needs to process a vast amount of cases to be able to afford their superfluous costs, expenses, and overhead. We aggressively keep costs down so we can focus on you.

Don't want to be treated like an account number, a settlement figure, or a wheel that needs to be turned to keep the law firm getting paid? We keep our costs low and use this financial freedom for our clients best interests.

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Wrongful Termination & Discrimination Questions

To Ask During Your Free Lawyer Consultation

  • =What does an employment discrimination lawyer do?

  • =Do I need an employment lawyer?

  • =Can a discrimination attorney really help my case, even if I still work there?

  • =When should I hire an employment discrimination law firm? 

  • =Is discrimination really that common?

  • =How do you hire a discrimination attorney?

  • =How do I know when I need an employment lawyer?

  • =When should I address discrimination at the office?

  • =What is my discrimination case worth?

  • =Do I have a discrimination case?

I trusted Mr. Kraemer with a rather difficult period of time for my family, and we came out on top. He is trustworthy and honest, incredibly helpful, and understanding. Five stars aren’t enough! Him and his staff are well experienced, and won’t let up until the truth is known and justice is served. Michael, it’s been a pleasure. I hope I never need your services again! If I do, I will not hesitate to give you a call.

Bob B.

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Halfway to wrongful termination help. If you don't get paid, neither do we. All you need to do is call MKO!

Employment Law Ready✔ ™

Michael Kraemer was the only lawyer who took my case and would be the only lawyer I’d rely on. He kept me informed and was very intellectual on the whole subject that my case was revolved around. I give Mr. Kraemer a 10 out of 10 and I would refer him and his associates to anyone who wants a well defined lawyer.

Andrew L.

Wrongful Termination

We help people fired, or soon to be fired, when they have been treated unfairly, illegally, or unjustly.

Employment Discrimination

Race, religion, gender (including pregnancy, childbirth, and related medical conditions), orientation, disability.

Professional Exit Strategies

Remove yourself from a toxic workplace or help with a job loss. Lawyers give you an exit strategy.

Medical Accommodations

Employees needing physical or mental health/wellness accommodations are protected.

Disability Discrimination

Many health conditions can be considered disabilities and are  legally protected including retaliation.  

EEOC or PHRC Agencies

Aggressive lawyering in the state and federal agencies can mean quick, quiet, and lucrative resolutions.

Age Discrimination

For those over 40 years old (but older is preferred) that experience bias based on your age.

Sexual Harassment

A range of actions from mild transgressions to sexual abuse or sexual assault. A highly serious offense.

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