One of the biggest mistakes that employers make in a human resources context is by assuming that since they have good intentions for their employees, they are not at any risk of being involved in an employment lawsuit.
The reality is that any employer can be involved in a lawsuit, and they should make sure not to be complacent about this. They should look out for warning signs and put procedure in place to ensure that potential lawsuits are avoided. The following are some of the most common avoidable lawsuits.
It is an employer's responsibility to track overtime and make sure that it is properly managed. If an employee does not have a regular salary, then they are entitled to overtime pay. If the correct tracking systems are not implemented, mistakes can be made, and therefore, a lawsuit can ensue.
Although generally an employer can terminate an employee for no given reason, it is illegal to fire an employee for a specific reason that includes discrimination or retaliation for a complaint that he or she filed. Therefore, if a reason is not given, a former employee could be suspicious and start a wrongful termination lawsuit.
Employers can never control all of their employees, and occasionally a person can feel that he or she has been discriminated against in the workplace. This can be prevented by creating a culture of fairness and a no-tolerance attitude to discrimination.
Prevention is always the best way to approach legal issues in the workplaces. Lawsuits against an employer can be expensive and stressful, but it is possible to start preventative measures to avoid litigation.
Source: Bplans, "5 Common Workplace Lawsuits and How to Avoid Them," accessed Dec. 22, 2017