> For the complete documentation index, see [llms.txt](https://help.paxton.ai/help/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.paxton.ai/help/resources-by-practice-area/employment-law.md). # Employment Law Workplace counseling and litigation: EEOC responses, severance agreements, handbook audits, wage-and-hour analysis, and discrimination/retaliation claims — for plaintiff- or defense-side practice. **Where Paxton helps most in employment law** Drafting EEOC position statements and demand letters. Reviewing separation agreements for enforceability. Auditing handbooks against current state law. Running multi-state wage-and-hour comparisons. Analyzing potential discrimination/retaliation claims from emails and personnel files. ## Recommended workflow 1. **Open a Matter** for the case (plaintiff or defense). Capture: parties, role, location of work (often the operative jurisdiction), employment dates, claim type, key witnesses. 2. **Upload the personnel file**, performance reviews, communications, policies in effect, separation paperwork, and any complaints or grievances. 3. **In the Assistant, run a claim/defense-mapping prompt** to align facts with the elements of each cause of action. 4. **Draft response or initial pleading** in the same conversation. 5. **For policy work**, audit the handbook against current law in the relevant jurisdictions (turn on Sources so the audit cites the current statute). ## Sample prompts ### EEOC Position Statement Draft an EEOC Position Statement on behalf of \[Employer]. The Charge (attached) alleges \[discrimination / harassment / retaliation] based on \[protected characteristic]. Use the attached personnel file, performance reviews, and email communications. Sections: (1) Introduction and summary, (2) Background on the employer and the employee's tenure, (3) Statement of facts (chronological, tied to documents), (4) Legitimate non-discriminatory reasons for \[action], (5) Refutation of each allegation, (6) Conclusion. Tone: factual and respectful; avoid inflammatory language; preserve defenses for litigation. ### Demand letter on behalf of an employee Draft a pre-suit demand letter on behalf of \[Employee] alleging \[discrimination / retaliation / wrongful termination] under \[Title VII / ADA / ADEA / state equivalent] and \[state] common law claims. Use the attached intake notes and personnel materials. Sections: liability theory with operative facts, damages (lost wages, emotional distress, future earnings, attorney's fees), demand. Set a 30-day deadline. Professional, firm tone. ### Severance / separation agreement review Review the attached separation agreement for \[Employee] in \[Jurisdiction]. Identify: (a) release scope and any carve-outs needed (whistleblower, NLRA, workers' comp, ERISA-vested benefits, claims that can't be released), (b) consideration adequacy, (c) ADEA / OWBPA compliance if employee is 40+ (7-day revocation, 21/45-day consideration period, attorney-consultation language), (d) restrictive covenants — enforceability under \[state] law, (e) confidentiality / non-disparagement scope and any required exceptions for SEC, EEOC, etc., (f) tax characterization, (g) cooperation clauses, (h) anything that violates current \[state] regulation (e.g., bans on NDAs covering harassment in certain states). Output as a redline-style memo. ### Handbook audit Audit the attached employee handbook against current \[State] employment law for an employer with \[N] employees operating in \[Cities/Counties]. Flag every provision that is (a) non-compliant with current law, (b) drafted to a pre-amendment standard, (c) missing a required policy or notice. Output as a table: Topic · Handbook section · Issue · Required language or fix. ### Multi-state wage-and-hour comparison Our client operates in \[States]. Compare the wage-and-hour rules across these states on: (a) minimum wage and tip credit, (b) overtime thresholds, (c) meal/rest breaks, (d) final-pay timing, (e) PTO payout on separation, (f) pay-transparency requirements. Output as a side-by-side table with citations to the relevant statute / regulation. ### Email review for retaliation claim Review the attached email production. Identify every communication that is relevant to the retaliation claim: protected activity by \[Employee], decision-maker awareness of that activity, adverse actions, timing, and any statement that supports or rebuts pretext. Output as a chronology with quoted excerpts and source IDs. ## Example workflow: charge to position statement 1. Charge of discrimination arrives → Matter opened, charge uploaded. 2. Pull and upload personnel file, performance documentation, related communications. 3. Run the claim-mapping prompt to align facts to each element of the claim. 4. Identify legitimate non-discriminatory reasons supported by documents. 5. Run the Position Statement prompt; review carefully for tone and accuracy. 6. Verify every factual assertion against the personnel file before submitting. **State employment law moves fast** Pay-transparency, non-compete bans, sick-leave entitlements, and NDA restrictions on harassment claims have all changed materially in recent years. When drafting policies or agreements, ask Paxton to flag any provision that may have been current under prior law but isn't under current law. **Verify class certification and damages projections independently** For collective- or class-style wage-and-hour matters, treat any AI-generated damages projection or certification analysis as preliminary. Reconcile with payroll data and your damages model before filing or settling. --- # Agent Instructions This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com. ## Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. Perform an HTTP GET request on the current page URL with the `ask` query parameter: ``` GET https://help.paxton.ai/help/resources-by-practice-area/employment-law.md?ask= ``` The question should be specific, self-contained, and written in natural language. The response will contain a direct answer to the question and relevant excerpts and sources from the documentation. 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