Most litigation in the Private Sector is resolved before reaching the courts. We ensure our Position Statements provide necessary information from your company, commitment to EEO principles, employee’s acknowledgement of handbook and procedures, and just enough information leading up to the challenged adverse action, management’s legitimate non discriminatory reasons, evidence on similarly situated employees, witness statements and supporting documentation.
Letter of Acceptance (LOA) / Dismiss
In the Federal Sector a Letter of Acceptance / Dismiss determines the scope of the investigation, AmeriCounsel pays particularized and heightened attention to the Counselor’s Report and the Formal Complaint, including evidence contained therein. Our people identify all bases and instances of alleged discrimination and frame the claims clearly and concisely. Claims that are partially or fully dismissed include a thorough analysis, based on relevant case law and regulations, providing legal justifications for the dismissal.
AmeriCounsel’s certified Mediation Team follows the American Arbitration Association’s 5 steps to a successful mediation: (1) mediator’s opening statement; (2) parties’ opening statement; (3) joint discussion; (4) caucus meeting; and (5) closure. Our Mediation Team is aware that caucus meetings are where most agreements are reached and that complainants not only seek monetary compensation but also respect and workplace happiness. As such, we go into mediation with open mind and an array of options that are financially feasible to the employer and agreeable to the employee. Whether we are retained with a flat fee or per hour, our mediators remain proactively engaged to find creative options. If mediation is successful, our mediators can provide you with a Settlement Agreement drafted by the AmeriCounsel Mediation Team, or can work with you in drafting an agreement.
AmeriCounsel will provide you with cost effective, accurate, reliable and timely investigations in response to a discrimination complaint. Our internal review controls ensure that the work-product given to a client is factually supported and legally sufficient. Whether the client keeps oversight and supervision of our certified investigators, our Case Managers also maintain a direct and continuous communication with the investigators to ensure adherence with regulatory requirements and substantive adequacy of the report. Before submitting any report as final, our Founder analyses and approves every ROI.
Adjudication – Final Agency Decisions (FADs):
AmeriCounsel analyzes federal EEO complaints on the merits and, per the client’s needs, whether onsite or remotely, drafts Final Agency Decisions. Citing case law, regulations, and using the appropriate burden shifting analysis for each theory of discrimination, our FADs include a Procedural History, Factual Background, Analysis and Findings, Conclusion, Order of Relief, Appeal Rights, Certificate of Service, and Notice.
Rules and Policies
We will draft and manage the rules, policies and procedures of your company ranging from the open door policies, progressive discipline system, ADR and employees requests (maternity, sick, annual, accommodation, etc) to drafting or updating your Employee Manual, rights, rules and responsibilities.
We provide substantive training to employees, management officials, in-house and other outside counsels on any EEO law or regulation. Call us to discuss your needs and we will provide different training formats from hourly or daily, to a series event.
Our internal and external team will help you identify government bids and write your proposal to receive loans, grants, or compete on applicable contracts. We help you avoid and manage the impact of performance problems on the time and cost to complete your project.
IMIGRATION AND NATIONALITY LAW
We represent mid and small-sized businesses, professionals, entrepreneurs, individuals, and families undergoing the U.S. immigration process, wherever in the United States or around the world you are. Our lawyers, fluent in French, Italian, Portuguese, Spanish, and English, work the application process, including appeals, litigation at the Immigration Court, alien detainees, and providing guidance through collection of documents, preparing clients for consular interviews, and ultimately obtaining the visa from the U.S. consulate abroad. Our services include family based petitions, naturalization, Permanent Residence (green cards), employment based visas, H-1B/LCA, I-601, I-601A waivers, DACA, U visas, and manage removal proceedings.