Steps to Take if Faced with a Federal Charge

• Organize the response: Take it seriously. Research and understand the context/circumstances; do not make any unnecessary admissions, cover all allegations that are in the charging document.

• Be accurate and rational; do not overstate or understate areas of contention. Avoid retaliation against the filing employee!

• Be thorough in documentation, involve outside counsel. Ensure all relevant documents are on hand. Coordinate all communication with the agency through one designated point of contact.

• Evaluate pros and cons of mediation if offered, including a forward look at other employee relations issues, the relative strength of the employee’s claim versus the company’s defense, etc.

• Organize and preserve all documentation, and make sure it supports the company’s position. Ensure all responses are prompt and well-organized.

• Investigators are human as well. Be professional in dealings with them; try not to be adversarial.

• Plan ahead to be ready in case litigation transpires. Written submissions may become exhibits, so plan accordingly. Stay objective.

• Compile a list of “lessons learned” from any charges/proceedings encountered.