How We Can Help With Discrimination Claims

Claims and litigation involving breaches of contract and compensation, bonus and related disputes are generally about business.

Claims asserting discrimination are different; they are far more personal. That is true both on the part of the injured party as well as the accused. In large measure, discrimination - whether age, sex, race, religion or disability - invokes the wrongful motivation of the accused. The conduct at issue is alleged to have crossed the line not so much because of the act itself, but because the rationale - or motivation -- behind the conduct, was for a proscribed reason.

Discrimination claims among the executive and highly compensated ranks also have special considerations. In each case, it is important to fully evaluate the legal merits of a potential claim. The Arfa Firm is well equipped to provide you with that guidance.

There are also practical issues which must be outlined and evaluated. Issues of damages which are available under the various discrimination laws are relevant to determining the value of the "chase". Risk of adverse press or public relations should be balanced along with the risk that pending public litigation may have on your prospective employability.

A word about employment contracts. Employment contracts are not self-enforcing. What that means is that no matter how clear the agreement is, and regardless of the unconditional rights on the part of the executive and obligations on the part of the employer, neither you nor your attorney has the unilateral power to successfully enforce your demand that your employer fulfill its obligations under its agreement with you. An executive and counsel can implore, beg, plead and threaten litigation. At the end of the day, however, absent an employer that is voluntarily prepared to fulfill its obligations to you, only a court of law, in the context of litigation, has the power to require that the employer do so.

Most executives recognize that litigation is an expensive distraction. That is why The Arfa Firm understands that it is critical that an agreement be entirely clear on all points. It is preventive drafting.